In all actions of contested elections, mandamus, removal of public officers, quo warranto or prohibition, it is discretionary with the court rendering judgment, or with the supreme court, to allow a supersedeas of the judgment. If the appeal or writ of error is allowed to operate as a supersedeas, it shall be upon terms and conditions the court may deem proper.
History: Laws 1917, ch. 43, § 19; C.S. 1929, § 105-2515; 1953 Comp., § 21-10-21; Laws 1966, ch. 28, § 52.
Compiler's notes. — Laws 1966, ch. 28, § 52, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 436 et seq.
4 C.J.S. Appeal & Error § 408 et seq.
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.