Rogers v. Herbst

Citations

• 25 N.M. 408
• 183 P. 749

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A supersedeas bond, where the amount of the judgment is for a fixed sum under the provisions of the statute, must be in double the amount of such judgment, and a bond for a less sum does not have the effect of superseding the judgment.</p> <p>P. 410</p> <p>2. A bond conditioned as a supersedeas bond may be sufficient as a cost bond, where, by the terms of such bond, there is an undertaking- to pay all costs that may be adjudged against the appellant in the Supreme Court. P. 410</p> <p>3. Where an appeal is taken by all the parties against whom a joint and several judgment is rendered, and but one of the appellants files a cost or supersedas bond, the remaining- appellants will not be permitted to' join in such cost or supersedeas bond, or file a new bond after the time limited by statute for the giving of such bonds', and the appeal as to the defaulting appellant will, on motion, be dismissed. P. 410</p>