[DOWNLOAD] "Higgins v. Fuller" by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Higgins v. Fuller
- Author : New Mexico Supreme Court
- Release Date : January 20, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This case arises upon the motion of appellee (defendant below) to dismiss the appeal of appellant (plaintiff below) for failure to give supersedeas bond in the sum of $500 ordered by the trial court at the time of granting the appeal herein. The statute in question, 1941 Comp. sec. 19-1006, provides: "Where an appeal is taken or a writ of error sued out, from a judgment or decree of any district court involving the title to or possession of real or personal property, the trial court shall fix the amount of the supersedeas bond, if supersedeas is granted, for such sum as will indemnify the appellee for all damages that may result from such supersedeas, or from such appeal or writ of error. Said bond shall be conditioned to prosecute the appeal with effect and pay all damages and costs that may result to the appellee, if said appeal or writ of error be dismissed or the judgment or decree appealed from is involved in such action, the rental value, and all damages to improvements and waste, shall be considered elements of damages."