(DOWNLOAD) "Johnson V. Johnson" by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Johnson V. Johnson
- Author : New Mexico Supreme Court
- Release Date : January 26, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This case was originally dismissed on this court's motion for failure of appellants to give timely notice of appeal as required under the March 15, 1961 amendment of Supreme Court Rule 5(5) (21-2-1(5), N.M.S.A.1953). 74 N.M. 34, 390 P.2d 275. A motion for leave to appeal had been filed before thirty days after entry of final judgment, but the notice of appeal, although dated earlier, was not filed until after expiration of thirty days. On motion for rehearing, appellant argued that because of counsel's usual office practice of mailing notices immediately upon filing of papers in the clerk's office, we should assume that this had been done in this case. We determined that the rule as to timely filing of the notice was jurisdictional and that the exceptions noted in Adams v. Tatsch, 68 N.M. 446, 362 P.2d 984, should not be extended to include consideration of usual office practice. The mandate on dismissal of the appeal was duly transmitted to the clerk of the district court.
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