If the judgment on review is against the appellant or plaintiff in error, the supreme court or court of appeals shall either render judgment against him and his sureties on the appeal or supersedeas bond, or remand the cause with directions to the district court to enter judgment against him and his sureties on the bond. Execution may issue on any such judgment against the principal and his sureties, either jointly or severally.
History: Laws 1917, ch. 43, § 41; C.S. 1929, § 105-2523; 1953 Comp., § 21-10-26; Laws 1966, ch. 28, § 57.
ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 57, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Appeal bond principal step. — On appeal from justice of the peace (now magistrate), an appeal bond is the process or principal step and requires a United States revenue stamp to validate it, and its absence cannot be cured by order of district court permitting amendment by filing of properly stamped bond. Tipton v. Cordova, 1866-NMSC-003, 1 N.M. 383 (decided under former law).
Appeal bond cannot be perfected by appellate court order. — An appeal from a justice's court, which is invalid because a revenue stamp was not placed on appeal bond, cannot be perfected by order of appellate court which permitted affixing such stamp nunc pro tunc. Secou v. Leroux, 1866-NMSC-005, 1 N.M. 388 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 476.