Bradford v. Armijo.

Decision Date01 October 1919
Docket NumberNo. 2390.,2390.
Citation25 N.M. 456,184 P. 708
PartiesBRADFORDv.ARMIJO.
CourtNew Mexico Supreme Court

OPINION TEXT STARTS HERE

Syllabus by the Court.

Under section 22, c. 43,Laws 1917, the appellee or defendant in error is entitled to file three copies of a skeleton transcript of the record and proceedings and secure an order docketing and affirming the cause for failure of appellant or plaintiff in error to file a transcript of the record, only after the return day.While the statute requires the appellant or plaintiff in error to file a copy of the record and proceedings at least 10 days before the return day, it does not authorize the court to docket and affirm the case for such failure prior to the return day.

Appeal from District Court, Sandoval County; Raynolds, Judge.

Action by J. L. Bradford against Policarpio Armijo.Judgment for defendant, and plaintiff appeals.Motion by appellee to docket and affirm granted, and cause docketed and judgment of lower court affirmed, and on appellant's motion order set aside and appellant given 30 days to file briefs on the merits.

Under Laws 1917, c. 43, § 22, appellee may file three copies of a skeleton transcript of the record and secure an order docketing and affirming the cause for appellant's failure to file a transcript, only after the return day, as the statute does not authorize court to docket and affirm the case for such failure prior to the return day.

Catron & Catron, of Santa Fé, for appellant.

George S. Downer and W. A. Keleher, both of Albuquerque, for appellee.

ROBERTS, J.

On the 23d day of April, 1919, appellant prayed for and was granted an appeal from a final judgment of the district court of Sandoval county.Appellant caused to be prepared and had settled and signed a bill of exceptions within 80 days thereafter.He failed to file in the office of the clerk of the Supreme Court, at least 10 days before return day, the transcript of record and proceedings in the cause, required by section 22, c. 43,Laws 1917.Appellant not having filed the transcript within such time, appellee filed three copies of a skeleton transcript and moved the court to docket and affirm the cause.The skeleton transcripts and motion to docket and affirm were filed after the eightieth day from the time the appeal was taken, but within less than 90 days after granting of such appeal.The court granted the motion, and the cause was docketed and the judgment of the lower court affirmed.

Thereafter appellant filed a motion to set aside such order upon several grounds, only one of which need be considered.This was that appellee, under the statute, had no right to an order docketing and affirming the cause because of his default in not filing his transcript within the time required until after the return day.Within 90 days, but after the eightieth day, appellant tendered for filing three copies of a typewritten transcript of the record and proceedings in the cause.Section 22, c. 43,Laws 1917, provides:

“The appellant in case of appeal and the plaintiff in error in cases of writs of error shall file in the office of the clerk of the Supreme Court at least ten (10) days before the return day of any writ of error or appeal, as perfect and complete a transcript of the record and proceedings in the cause as may be necessary to enable the court to properly review it.”

Said section then proceeds:

“If he fails to do so the appellee or defendant in error may produce and file in the Supreme Court at any time after such return day, three copies of a written or printed transcript containing the judgment, order, decision or conviction appealed from, and the order allowing the appeal therefrom, and in case of a writ of error, a certificate showing the suing out of said writ of error, together with a certificate of the clerk of the Supreme Court, showing that no transcript has been filed by the appellant or plaintiff in error in said cause in the Supreme Court, and may move the court to docket said cause...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex
1 cases
  • Bradford v. Armijo.
    • United States
    • New Mexico Supreme Court
    • July 28, 1922
    ...against Policarpio Armijo. From a judgment for defendant, plaintiff appeals. Reversed and remanded, with directions. See, also, 25 N. M. 456, 184 Pac. 708. The evidence in behalf of appellee as to his holding of the premises in question in adverse possession for the required statutory perio......