When the appellant or plaintiff in error is the state, a county or a municipal corporation, the taking of an appeal or suing out of a writ of error operates to stay the execution of the judgment, order or decision of the district court without bond.
History: Laws 1917, ch. 43, § 18; C.S. 1929, § 105-2514; 1953 Comp., § 21-10-20; Laws 1966, ch. 28, § 51.
Compiler's notes. — Laws 1966, ch. 28, § 51, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Affidavit that appellant is "county-municipal hospital" insufficient. — Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity. Robinson v. Mem. Gen. Hosp., 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891.
Filing appeal by state or its political subdivision triggers the automatic stay provisions of this section and Rule 1-062. City of Sunland Park v. N.M. Pub. Regulation Comm'n, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.
Stay generally considered prospective. — Under the plain language of this section, Rule 1-062 and the prevailing common law, a stay is generally prospective rather than retroactive, unless otherwise specified. City of Sunland Park v. N.M. Pub. Regulation Comm'n, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Constitutionality, construction and application of statute as to effect of taking appeal, or staying execution, on right to redeem for execution or judicial sale, 44 A.L.R.4th 1229.
4 C.J.S. Appeal & Error § 413.
Structure New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Section 39-3-1 - Appeals to district court; trial de novo.
Section 39-3-2 - Civil appeals from district court.
Section 39-3-3 - Appeals from district court in criminal cases.
Section 39-3-4 - Interlocutory order appeals from district court.
Section 39-3-5 - Writs of error.
Section 39-3-6 - Continuation in supreme court and court of appeals.
Section 39-3-7 - Appeals from district court; special statutory proceedings.
Section 39-3-8 - Cross appeals.
Section 39-3-9 - [Title or possession of property involved; supersedeas bond.]
Section 39-3-10 - [Sections 39-3-9 and 39-3-10 NMSA 1978 supplemental.]
Section 39-3-11 - Appellate costs.
Section 39-3-12 - Indigent appeals; free process.
Section 39-3-13 - Transcript of record.
Section 39-3-14 - [Appellant may dismiss appeal.]
Section 39-3-15 - Appeals; contempt and habeas corpus.
Section 39-3-16 - Parties; joinder.
Section 39-3-17 - Failure to join.
Section 39-3-18 - Inability to join.
Section 39-3-19 - Death of party before review.
Section 39-3-20 - Death of party pending review.
Section 39-3-21 - Substitution of parties upon review.
Section 39-3-22 - Supersedeas and stay in civil actions.
Section 39-3-23 - Automatic stay.
Section 39-3-24 - Discretionary stay.
Section 39-3-25 - District court clerk; fees for record.
Section 39-3-26 - Disposition after review.
Section 39-3-27 - Award of damages on review.
Section 39-3-28 - Directions following review; execution.
Section 39-3-29 - Directions following review; judgment on bond.