[Download] "Driver-Miller Corp. v. Liberty" by New Mexico Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Driver-Miller Corp. v. Liberty
- Author : New Mexico Supreme Court
- Release Date : January 01, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Appellants assert that on authority of Adams v. Tatsch, 68 N.M. 446, 362 P.2d 984, their diligence met the test to confer jurisdiction on this court. They misconstrue the basis of that decision. We said that failure to obtain timely allowance of an appeal is jurisdictional but that there it was made to appear, by a supplemental record certified by the clerk of the district court, that the order allowing the appeal was mailed by the district judge with more than enough time for it to have been received by the clerk before the 30 days elapsed. That decision was grounded on the presumption of the receipt of the order by the clerk in the due course of mail and that it was actually received by the clerk within the 30-day period.
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