Simon v. El Paso & S. W. Co.

Citations

• 22 N.M. 211
• 160 P. 352

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The time within which an appeal may be taken from a judgment entered nunc pro tunc as of a former day, commences to run from the date of the entry of the nunc pro tunc judgment, and not from the former day.</p> <p>P. 213</p> <p>2. Where an appellee in the district court,, on appeal from a justice of the peace, first moves to dismiss said appeal because not taken in time, and afterwards, by evident oversight, files a second motion to “dismiss the cause,” but bases said motion upon grounds for dismissal of the appeal only, and takes therein no position and asserts therein no grounds available for a dismissal of the cause, he will not be held to have entered a general appearance so as to waive irregularities in taking or perfecting the appeal.</p> <p>P. 213</p>