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eBook details

• Title: Jaritas Live Stock Co. v. Spriggs Et Ux.
• Author : Supreme Court of New Mexico
• Release Date : January 01, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The parties agree that "three months," as used in the foregoing section, means three calendar months (62 C.J. 970); also, that the motion for appeal was filed in the clerks office of the district court of Colfax county, Eighth judicial district, on the day next preceding the last day of the three-month period, and was forwarded by mail, with a prepared order, to Hon. Thomas J. Mabry, judge of the Second judicial district, at Albuquerque, who presided at the trial by designation of the chief justice, and that the order was not signed until the day after the expiration of the three-month period. The issue involved here was clearly stated in State v. Capital City Bank, 31 N.M. 430, 246 P. 899, 901, cited by both parties, wherein Mr. Chief Justice Parker commented upon a statute with similar provisions to our rule, as follows: "Whether an aggrieved party might not be in time if he filed his application in the clerks office for an appeal within six months from the entry of the final judgment, and notwithstanding the court might fail to make the order of allowance until after the expiration of the six months, we do not decide, because the same is not involved here. Common prudence would seem to dictate the filing and presentation to the judge of the application for an appeal and the securing of the order within the six months. Circumstances might arise on account of the absence of the judge, or his inability to act for some reason, which might put an appellant in a disadvantageous position, unless it could be held under section 1 of the act that, if the party files his application for an appeal within time, the court might thereafter make the allowance of the appeal; but until such question is presented, we express no opinion thereon."

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