Romero v. McIntosh

Citations

• 19 N.M. 612

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Under Section 1, Chapter 57, Laws of 1907, ¡providing-that any person aggrieved by any final judgment or decision of any district court in any civil cause, may, at his-election, take an appeal or sue out a writ of error within one year from the date of the entry of the same, and where-a motion for a new trial or rehearing is seasonably made, the time within which the appeal may be taken or the writ, of error sued out, is to be computed from the date of the-denial' of the motion, and not from the date of the rendition or entry of the judgment or decree, where the motion was authorized by statutory provision and operated as a Stay of execution, because until such motion was disposed' of the judgment was not a final judgment within the meaning-of the statute.</p> <p>P. 617'</p> <p>2. In an action for trespass by' cutting and removing timber from lands of the jplaintiif, the proof that some of it was cut by defendant was insufficient to charge him with?. responsibility for all the timber missing from plaintiff’s land during an indefinite period of two or three years.</p> <p>P. 619</p>