In all causes appealed, or in any other manner brought from any inferior court to any superior court, the party appealing, or so bringing said suit into the superior court, may, in like manner, dismiss his appeal in the same manner as in the preceding section provided; and when said cause is dismissed, as aforesaid, the judgment in the inferior court shall remain and be in all things as valid, as if said cause had never been removed from said inferior court.
History: Laws 1851-1852, p. 246; C.L. 1865, ch. 30, § 2; C.L. 1884, § 1858; C.L. 1897, § 2907; Code 1915, § 4294; C.S. 1929, § 105-1402; 1941 Comp., § 19-1002; 1953 Comp., § 21-10-11.
Compiler's notes. — The words "in like manner" and "in the same manner as in the preceding section" referred to Comp. Laws 1865, ch. 30, § 1, providing that any suit pending in district court could be dismissed in vacation by filing a written dismissal with the clerk. That section is omitted as superseded by Rule 41(a), N.M.R. Civ. P. (now see Paragraph A of Rule 1-041 NMRA), and if there is a method for dismissal of appeals from inferior courts, it would appear to be the latter provision.
This section, insofar as it applies to appeals in the supreme court, may be affected by Rule 12-401 NMRA.
Appellant has no right to dismiss his appeal in the face of a motion for affirmance well taken. Hubbell v. Armijo, 1913-NMSC-045, 18 N.M. 68, 133 P. 978; Acequia Madre v. Meyer, 1912-NMSC-044, 17 N.M. 371, 128 P. 68.
The plaintiff in an action of replevin in justice (now magistrate) court may not, on appeal to the district court, dismiss his appeal and thus deprive the defendant of his right to a trial as to the value of the property replevied and an assessment of damages for its detention. Strauss v. Smith, 1896-NMSC-006, 8 N.M. 391, 45 P. 930.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review §§ 872, 877.
5 C.J.S. Appeal & Error § 631 et seq.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.