The municipality shall have the right to appeal to the district court from the municipal court and to the supreme court from any decision of the district court in every case brought for the violation of an ordinance of said municipality. The municipality shall be allowed an appeal from the municipal court to the district court only when the municipal court has held an ordinance or section thereof invalid or unconstitutional or that the complaint is not legally sufficient.
History: Laws 1935, ch. 28, § 1; 1941 Comp., § 39-214; 1953 Comp., § 38-1-14; Laws 1959, ch. 169, § 9.
Right of municipality to appeal from municipal court to district court. — N.M. Const., art. VI, § 27 confers upon a municipality a constitutional right to appeal an adverse final judgment or decision from a municipal to district court and the legislature may not abridge that right. City of Las Cruces v. Sanchez, 2007-NMSC-042, 142 N.M. 243, 164 P.3d 942.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations §§ 386 to 397.
Right of municipal corporation to review of an unfavorable decision in an action or prosecution for violation of a municipal ordinance, 11 A.L.R.4th 399.
62 C.J.S. Municipal Corporations § 364.
Structure New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 15 - Violations of Municipal Ordinances
Section 35-15-1 - Proceedings to enforce ordinances; plaintiff; appeals.
Section 35-15-2 - Pleading existence of ordinance provisions violated.
Section 35-15-3 - Procedure; commitment.
Section 35-15-4 - Service of process.
Section 35-15-5 - Maximum time for commencing proceeding for enforcement or [of] ordinances.
Section 35-15-6 - Custody of prisoners.
Section 35-15-7 - Appeals; notice of appeals.
Section 35-15-8 - Judgment on appeal; recovery on bond.
Section 35-15-9 - [Municipality to have free process; no costs charged to municipality.]
Section 35-15-10 - Trial de novo without jury.
Section 35-15-11 - Municipality may appeal.
Section 35-15-13 - Fines and forfeitures assessed on appeal; collections go to municipal treasury.