Amounts to be taxed as costs on appeals and writs of error shall be fixed by rule of procedure.
History: Laws 1917, ch. 43, § 16; 1927, ch. 93, § 4; C.S. 1929, § 105-2512; 1941 Comp., § 19-1008; 1953 Comp., § 21-10-8; Laws 1966, ch. 28, § 41.
ANNOTATIONSCross references. — For court of appeals fees and costs, see 34-5-6 NMSA 1978.
For costs, see Rule 12-403 NMRA.
Compiler's notes. — The title of the 1927 act did not indicate that the 1917 law was to be amended.
Requirement for bond not waived. — The requirement that a cost or supersedeas bond be filed in appeal cases within a certain time is not waived by an appellee where he seeks to take advantage of the irregularity at the first opportunity, but only where he first performs some act consistent with recognizing the regularity of the appeal. Johnson v. N.M. Fire Brick Co., 1916-NMSC-042, 22 N.M. 124, 158 P. 796 (decided under former law).
Appeal abated where no bond filed. — Where an appellant failed to file a cost bond within 30 days as required by Laws 1917, ch. 43, § 15 (now repealed), the appeal failed or abated. Hubert v. Am.Sur. Co., 1918-NMSC-124, 25 N.M. 131, 177 P. 889.
Motion to dismiss where no cost bond. — Where plaintiff in error has not filed a cost bond within 30 days after suing out writ of error, and the default has not been waived by defendant, the court will grant motion to dismiss. Palmer v. Allen, 1914-NMSC-044, 19 N.M. 175, 141 P. 998 (decided under former law).
Where neither cost nor supersedeas bond is given, appeal will be dismissed. Rogers v. Herbst, 1919-NMSC-032, 25 N.M. 408, 183 P. 749.
Failure to file bond cannot be cured. — The giving of a bond for costs, where no supersedeas bond was given, was essential to perfect an appeal or writ of error. It would appear in principle that the omission could not be cured by a later compliance with the statute after a motion to dismiss for such failure had been filed. Farmers' Dev. Co. v. Rayado Land & Irrigation Co., 1913-NMSC-055, 18 N.M. 138, 134 P. 216, criticized in Canavan v. Canavan, 1914-NMSC-002, 18 N.M. 468, 138 P. 200 (decided under former law).
Printing transcript not taxable charge. — There is no law compelling the printing of a transcript involving less than $1,000, so that such printing is not a taxable charge. Givens v. Veeder, 1898-NMSC-017, 9 N.M. 405, 54 P. 879 (decided under former law).
Affirmance of judgment on remittitur did not discharge sureties from liability on appeal bond. Orr v. Hopkins, 1884-NMSC-015, 3 N.M. (Gild.) 183, 3 P. 61, aff'd, 124 U.S. 510, 8 S. Ct. 590, 31 L. Ed. 523 (1888) (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review §§ 909, 928.