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.
ANNOTATIONSCompiler'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 That section is omitted as superseded by Rule 41(a), N.M.R. Civ.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.