[DOWNLOAD] "Davis v. Davis" by New Mexico Supreme Court * eBook PDF Kindle ePub Free

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eBook details

• Title: Davis v. Davis
• Author : New Mexico Supreme Court
• Release Date : January 07, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

Appellee urges that the appeal is not timely, because it was taken more than thirty days after the entry of the judgment of May 12th. At first blush, such a contention would seem to have merit, but it does not stand the test of close scrutiny when it is realized that the judgment of May 12th was really only of an interlocutory nature. The suit was for the delinquency of support payments, and the judgment of May 12th, decreeing full faith and credit, was merely an intermediate order which preceded, and was carried forward to become a part of, the "judgment" of June first. Until the time that the court entered its order finding the delinquency, there was no necessity to appeal the cause. If an appeal had been taken within the thirty-day limit, it would have been prior to the determination of the delinquency and amounted to a piecemeal appeal. For a case establishing this principle, even though involving a different type of action, see Torrez v. Brady, 1932, 37 N.M. 105, 19 P.2d 183. See also the prior appeal involving the same parties, Torrez v. Brady, 1930, 35 N.M. 217, 292 P. 901. Thus we determine that the court has jurisdiction to consider the points raised by appellant and that the appeal is timely, so that a review may be had of the proceedings upon which the judgment is based but which occurred prior to the last judgment.

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