Supreme Court of New Mexico
Decision Information
Robinson v. T. D. Neal Mercantile Co. - cited by 9 documents
Decision Content
CONLEY V. DAVIDSON, 1929-NMSC-092, 34 N.M. 421, 283 P. 52 (S. Ct. 1929)
CONLEY
vs.
DAVIDSON
No. 3475
SUPREME COURT OF NEW MEXICO
1929-NMSC-092, 34 N.M. 421, 283 P. 52
November 18, 1929
Appeal from District Court, Chaves County; Richardson, Judge.
Action by H. C. Conley against H. H. Davidson. From an adverse judgment, defendant appeals. On motion to dismiss appeal.
SYLLABUS
SYLLABUS BY THE COURT
Motion to dismiss appeal, on sole ground that five days' notice required by App. Proc. Rule V, § 2, was not given, was overruled, under Rule XIV, § 3, where appellee showed no prejudice; notice omitted not being jurisdictional.
COUNSEL
Reid, Hervey & Iden, of Albuquerque, for appellant.
O. E. Little, of Roswell, for appellee.
JUDGES
Parker and Catron, JJ., did not participate.
OPINION
{*421} {1} OPINION OF THE COURT Appellee moves dismissal of this appeal on the sole ground that the five days' notice required {*422} by App. Proc. Rule V, § 1, was not given. He showed no prejudice, and the notice omitted is not jurisdictional. We have therefore overruled the motion, under App. Proc. Rule XIV, § 3.
{2} It is so ordered.