Judgment shall be entered and execution may be issued thereon unless a motion for a new trial is made within the time provided by law, and granted or continued during the term at which the case is tried.
History: Laws 1897, ch. 73, § 135; C.L. 1897, § 2685(135); Code 1915, § 4228; C.S. 1929, § 105-844; 1941 Comp., § 19-904; 1953 Comp., § 21-9-4.
ANNOTATIONSCross references. — For execution and foreclosure, see 39-4-1 NMSA 1978 et seq.
For constitutional provision as to judgments against local officials, see N.M. Const., art. VIII, § 7.
For new trials, see Rule 1-059 NMRA.
For stay of proceedings to enforce a judgment, see Rule 1-062 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments §§ 131, 150; 58 Am. Jur. 2d New Trial §§ 476, 477, 481.
Motion for new trial as suspension or stay of execution or judgment, 121 A.L.R. 686.
Judgment as res judicata pending motion for a new trial or during the time allowed therefor, 9 A.L.R.2d 984.
What constitutes final judgment within provision or rule limiting application for new trial to specified period thereafter, 34 A.L.R.2d 1181.
Time for filing motion for new trial based on jury conduct occurring before, but discovered after, verdict, 97 A.L.R.2d 788.
Incompetence of counsel as ground for relief from state court civil judgment, 64 A.L.R.4th 323.
49 C.J.S. Judgments §§ 113, 115.