A. If the plaintiff recovers judgment in an action for forcible entry or unlawful detainer upon appeal:
(1) to the district court, the damages assessed shall be the actual value of the rent due until entry of judgment by the magistrate court and double the value of all rent accrued thereafter until entry of judgment in the district court; and
(2) to the supreme court or court of appeals, further damages at double the value of all rent accrued from the entry of judgment in the district court until delivery of possession to him.
B. The supersedeas bond required under Section 39-3-22 NMSA 1978, shall contain a condition requiring the defendant appealing or taking a writ of error to the supreme court or court of appeals to pay all damages prescribed in this section if the judgment of the district court is affirmed by the supreme court or court of appeals, and the amount of the bond shall be sufficient to cover all such damages. The bond operates as a supersedeas to the order of removal as well as to execution for damages and costs. Upon final disposition of the appeal from the district court in his favor, the plaintiff may sue on the supersedeas bond to recover the damages.
History: 1953 Comp., § 36-12-4, enacted by Laws 1968, ch. 62, § 125.
Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-12-4, 1953 Comp., relating to suspension of sentence in criminal cases, effective January 1, 1969.
Cross references. — For amendments on trial de novo in district court, see 35-13-3 NMSA 1978.
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M. L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Forcible Entry and Detainer §§ 50, 51, 56.
36A C.J.S. Forcible Entry and Detainer §§ 58 to 61, 87 to 95.
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