State ex rel. Baca v. Board of Commissioners

Citations

• 21 N.M. 713
• 158 P. 642

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Under the provisions of section 4482, Code 1916, where an appellant fails to make all interested parties in the court below parties to the appeal, he may, upon leave granted by this court, compel such interested parties to become parties to the appeal.</p> <p>P. 715</p> <p>2. In a cause tried by the court without a jury, a party desiring to appeal may have the proceedings occurring upon the trial brought into the record either under the provisions of Code 1915, section 4493 or section 4495. Where he elects to make such matters a part of the record by bill of- exceptions, it is incumbent upon.him to give tbe adverse party five days’ notice of his intention of applying to the judge of the court in which said cause was tried to have the judge of said court sign and seal the same in proper form as a bill of exceptions, and, where he fails to give such notice, the bill of exceptions will be stricken from the transcript, upon motion.</p> <p>P. 716</p> <p>3. For suggestions as to the proper preparation of transcript of r.ecord, so as to show filing of the transcript of stenographer’s notes and bill of exceptions, see the opinion.</p> <p>P. 719</p>