Hunker v. Veeder
This text of 259 P. 431 (Hunker v. Veeder) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OP THE COURT
A motion to dismiss the appeal in this ease has been filed, based upon various grounds, only one of which need be noticed. Neither a supersedeas bond nor a cost bond has been filed, although the time within which the same was required by chapter 43, Laws of 1917, has long since expired. Under our previous decisions, this is fatal to the appeal. See Abo Land Co. v. Dunlavy, 27 N. M. 202, 199 P. 479; Hernandez v. Roberts, 24 N. M. 253, 173 P. 1034; Hubert v. American Surety Co., 25 N. M. 131, 177 P. 889.
It appears that appellant was a party to the proceeding below, both individually and as executrix of the will- of Elmer Veeder, deceased, but the appeal was taken and allowed to her in her individual capacity only. This being true, bond was required. Baca v. Winters, 26 N. M. 342, 192 P. 479; In re Henriques, 5 N. M. 169, 21 P. 80.
It follows that the appeal must be dismissed and the cause remanded, and it is so ordered.
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Cite This Page — Counsel Stack
259 P. 431, 32 N.M. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunker-v-veeder-nm-1927.