reglab/housing_qa huggingface dataset:
NM Stat § 39-2-12 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-12 - [Transcript of cost book has effect of execution.]

In every cause in which either party shall become liable to pay costs, the clerk may make out a transcript from the cost book as above directed, and the same shall have in all respects the force and effect of an execution, and shall be served, collected and returned in the same manner. History: Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 19; C.L. 1884, § 2212; C.L. 1897, § 3158; Code 1915, § 4289; C.S. 1929, § 105-1308; 1941 Comp., § 29-111; 1953 Comp., § 25-1-11. ANNOTATIONSCross references. — For execution, see 39-4-1 NMSA 1978 et seq.
NM Stat § 39-2-13 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-13 - [Collection of excessive fees or fees for services not rendered; retaxing costs; civil penalty.]

Any officer who shall knowingly claim for his services in any cause in the district court higher fees than provided by law, or shall claim fees for services not rendered, shall be liable to the party against whom such fraudulent charge is made in three times the amount of such charge: provided, that the same has been paid by the party; and when such payment has been made, the party against whom the charge has been made may petition the court to retax the costs, and if the court shall find that fraudulent charges have been made and paid, it shall adjudge the officer in fault to pay to the party injured three times the amount of the charges and enforce the collection of the same by means of an execution as in other cases. History: Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 20; C.L. 1884, § 2213; C.L. 1897, § 3159; Code 1915, § 4290; C.S. 1929, § 105-1309; 1941 Comp., § 29-112; 1953 Comp., § 25-1-12.
NM Stat § 39-3-5 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-5 - Writs of error.

Writs of error to bring into the supreme court any cause adjudged or determined in any of the district courts, as provided by law, may be issued by the supreme court, or any justice thereof, if application is made within the time provided by law for the taking of appeals. A writ of error shall issue from the supreme court to the district court only in those actions wherein appellate jurisdiction has not been vested by law in the court of appeals. History: Laws 1917, ch. 43, § 4; 1927, ch. 93, § 2; C.S. 1929, § 105-2504; 1953 Comp., § 21-10-3.1; Laws 1966, ch. 28, § 37. ANNOTATIONSCross references. — For writs of error, see Rule 12-503 NMRA. Compiler's notes. — Laws 1966, ch. 28, § 37, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules. Writ of error is an appropriate means for invoking collateral order doctrine. Carrillo v. Rostro, 1992-NMSC-054, 114 N.M. 607, 845 P.2d 130. Law reviews. — For note, "The Adoption of the Collateral Order Doctrine in New Mexico: Carrillo v. Rostro," see 24 N.M.L. Rev. 389 (1994). For article, "Jurisdiction as May Be Provided by Law: Some Issues at Appellate Jurisdiction in New Mexico," see 36 N.M.L. Rev. 215 (2006). Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 C.J.S. Appeal and Error § 356 et seq.
NM Stat § 39-3-6 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-6 - Continuation in supreme court and court of appeals.

Cases which are argued or submitted in the supreme court or court of appeals during any term which are not decided during that term shall be deemed continued from term to term until disposed of. History: Laws 1917, ch. 43, § 42; C.S. 1929, § 105-2524; 1941 Comp., § 19-1004; 1953 Comp., § 21-10-4; Laws 1966, ch. 28, § 38. ANNOTATIONSCross references. — For supreme court terms, sessions and recesses, see N.M. Const., art. VI, § 7. For disposition of cause, see Rule 12-402 NMRA.
NM Stat § 39-3-7 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-7 - Appeals from district court; special statutory proceedings.

Within thirty days from the entry of any final judgment or decision, any interlocutory order or decision which practically disposes of the merits of the action or any final order after entry of judgment which affects substantial rights, in any special statutory proceeding in the district court, any party aggrieved may appeal therefrom to the supreme court or to the court of appeals, as appellate jurisdiction may be vested by law in these courts. History: Laws 1937, ch. 197, § 1; 1941 Comp., § 19-1005; 1953 Comp., § 21-10-5; Laws 1966, ch. 28, § 39. ANNOTATIONSCross references. — For appellate jurisdiction of supreme court, see N.M. Const., art. VI, § 2. For court of appeals jurisdiction, see N.M. Const., art. VI, § 29. For special statutory proceedings, see Rule 12-601 NMRA. This section allows interlocutory appeals to aggrieved parties in special proceedings. State v. Jade G., 2005-NMCA-019, 137 N.M. 128, 108 P.3d 534, aff'd, 2007-NMSC-010, 141 N.M. 284, 154 P.3d 659. Applicability to tax sales. — This section does not apply to proceeding for sale of property and tax sale certificates. In re Sevilleta De La Joya Grant, 1937-NMSC-024, 41 N.M. 305, 68 P.2d 160; In re Blatt, 1937-NMSC-018, 41 N.M. 269, 67 P.2d 293, 110 A.L.R. 656. Applicability to remedies created by statute, not known at common law. — The proceedings contemplated by this section are statutory proceedings to enforce rights and remedies created by statute and unknown to the common law and equity practice of England prior to 1776. In re Forest, 1941-NMSC-019, 45 N.M. 204, 113 P.2d 582. Appeal from order in condemnation case. — A district court order in a condemnation case granting immediate possession of land where the court had not yet awarded damages was not a final appealable order. City of Sunland Park v. Paseo Del Norte Ltd. P'ship, 1999-NMCA-124, 128 N.M. 163, 990 P.2d 1286. Appeal from board of embalmers and funeral directors. — Where counsel for the board failed to point out any provision of the Funeral Directors and Embalmers Act permitting an appeal to the supreme court of the judgment of the district in the statutory review of the board's decision, the supreme court entertained the appeal under the authority of Supreme Court Rule 5(6), (now Rule 12-601 NMRA); although this section omitted a material portion of Supreme Court Rule 5(6) as adopted. Gonzales v. N.M. State Bd. of Embalmers & Funeral Dirs., 1957-NMSC-047, 63 N.M. 13, 312 P.2d 541. City labor management relations board decisions. — The court of appeals had jurisdiction of an appeal from the decision of the district court affirming a city labor management relations board holding that a proposed collective bargaining unit of fire suppression personnel included lieutenants. Las Cruces Prof. Fire Fighters v. City of Las Cruces, 1997-NMCA-044, 123 N.M. 329, 940 P.2d 177. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Appellate Review § 120. 4 C.J.S. Appeal & Error §§ 91, 92; 5 C.J.S. Appeal and Error § 724.
NM Stat § 39-3-8 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-8 - Cross appeals.

Cross appeal may be taken by giving notice thereof, as provided for appeals, within thirty days after the entry of any appealable judgment, decision or order, or within fifteen days after receipt of notice of appeal or application for writ of error, whichever is later. History: 1953 Comp., § 21-10-5.1, enacted by Laws 1966, ch. 28, § 40. ANNOTATIONSCross references. — For when appeals taken, see Rule 12-201 NMRA. For how appeals taken, see Rule 12-202 NMRA. Rule controls over statute. — Rule 12-201 NMRA, which requires a party to file cross-appeals not later than ten days following notice of appeal, controls over this section, allowing 15 days to file a cross-appeal. Rodriguez v. McAnally Enters., 1994-NMCA-025, 117 N.M. 250, 871 P.2d 14. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Appellate Review § 288. Right to perfect appeal, against party who has not appealed, by cross appeal filed after time for direct appeal has passed, 32 A.L.R.3d 1290. 4 C.J.S. Appeal and Error §§ 27, 262, 270, 348, 353.
NM Stat § 39-3-10 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-10 - [Sections 39-3-9 and 39-3-10 NMSA 1978 supplemental.]

This act [39-3-9, 39-3-10 NMSA 1978] shall not be construed to repeal any existing statutes or rule of the supreme court regulating appellate procedure, except insofar as they may conflict with this act, but shall be construed as supplemental thereto. History: Laws 1933, ch. 6, § 2; 1941 Comp., § 19-1007; 1953 Comp., § 21-10-7.
NM Stat § 39-3-11 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-11 - Appellate costs.

Amounts to be taxed as costs on appeals and writs of error shall be fixed by rule of procedure. History: Laws 1917, ch. 43, § 16; 1927, ch. 93, § 4; C.S. 1929, § 105-2512; 1941 Comp., § 19-1008; 1953 Comp., § 21-10-8; Laws 1966, ch. 28, § 41. ANNOTATIONSCross references. — For court of appeals fees and costs, see 34-5-6 NMSA 1978. For costs, see Rule 12-403 NMRA. Compiler's notes. — The title of the 1927 act did not indicate that the 1917 law was to be amended. Requirement for bond not waived. — The requirement that a cost or supersedeas bond be filed in appeal cases within a certain time is not waived by an appellee where he seeks to take advantage of the irregularity at the first opportunity, but only where he first performs some act consistent with recognizing the regularity of the appeal. Johnson v. N.M. Fire Brick Co., 1916-NMSC-042, 22 N.M. 124, 158 P. 796 (decided under former law). Appeal abated where no bond filed. — Where an appellant failed to file a cost bond within 30 days as required by Laws 1917, ch. 43, § 15 (now repealed), the appeal failed or abated. Hubert v. Am.Sur. Co., 1918-NMSC-124, 25 N.M. 131, 177 P. 889. Motion to dismiss where no cost bond. — Where plaintiff in error has not filed a cost bond within 30 days after suing out writ of error, and the default has not been waived by defendant, the court will grant motion to dismiss. Palmer v. Allen, 1914-NMSC-044, 19 N.M. 175, 141 P. 998 (decided under former law). Where neither cost nor supersedeas bond is given, appeal will be dismissed. Rogers v. Herbst, 1919-NMSC-032, 25 N.M. 408, 183 P. 749. Failure to file bond cannot be cured. — The giving of a bond for costs, where no supersedeas bond was given, was essential to perfect an appeal or writ of error. It would appear in principle that the omission could not be cured by a later compliance with the statute after a motion to dismiss for such failure had been filed. Farmers' Dev. Co. v. Rayado Land & Irrigation Co., 1913-NMSC-055, 18 N.M. 138, 134 P. 216, criticized in Canavan v. Canavan, 1914-NMSC-002, 18 N.M. 468, 138 P. 200 (decided under former law). Printing transcript not taxable charge. — There is no law compelling the printing of a transcript involving less than $1,000, so that such printing is not a taxable charge. Givens v. Veeder, 1898-NMSC-017, 9 N.M. 405, 54 P. 879 (decided under former law). Affirmance of judgment on remittitur did not discharge sureties from liability on appeal bond. Orr v. Hopkins, 1884-NMSC-015, 3 N.M. (Gild.) 183, 3 P. 61, aff'd, 124 U.S. 510, 8 S. Ct. 590, 31 L. Ed. 523 (1888) (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review §§ 909, 928.
NM Stat § 39-3-12 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-12 - Indigent appeals; free process.

In any appeal, the court may grant free process, including the cost of any necessary transcripts of record, to any appellant upon a proper showing of indigency, unless the trial court certifies in writing that the appeal is not taken in good faith. Necessary costs, including costs of transcripts, shall be paid by the administrative office of the courts. Any costs awarded to an indigent appellant shall be taxed in favor of the state. History: 1953 Comp., § 21-10-9, enacted by Laws 1977, ch. 163, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 407 et seq.
NM Stat § 39-3-13 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-13 - Transcript of record.

The official court reporter shall make an original and as many copies of transcripts of his notes as demanded, and he shall certify and file them with the clerk of the district court. These transcripts, or any portion thereof, may be used for the purpose of making up the record to be taken to the supreme court or court of appeals. The clerk of the district court shall collect the certification fee, but shall receive no compensation for transcribing. Where not otherwise fixed by statute, the court may, by rule, fix the compensation of official court reporters for extra copies filed with the clerk, which shall be paid for in advance, if demanded, by the party ordering them. The amount paid for the original and two copies of the transcript by the party ordering them shall be taxed as costs in the cause. History: Laws 1897, ch. 73, § 174; C.L. 1897, § 2685 (174); Code 1915, § 4255; C.S. 1929, § 105-1002; 1941 Comp., § 19-1011; 1953 Comp., § 21-10-10; Laws 1966, ch. 28, § 42. ANNOTATIONSCross references. — For transmission of transcript and record, see Rule 12-211 NMRA. Compiler's notes. — This section may be affected by Rule 12-209, NMRA, dealing with the record on appeal, and Rule 12-403, NMRA, concerning costs, specifically the costs of the transcript. Court's power as to printing of copies of record. — Where the transcript shows the amount in controversy to be less than $1,000, the court has no power to compel a printing of the record and will not dismiss the appeal because of appellant's failure to file more than one copy of the record. Mora v. Schick, 1887-NMSC-028, 4 N.M. (Gild.) 301, 13 P. 341 (decided under former law).
NM Stat § 39-3-14 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-14 - [Appellant may dismiss appeal.]

In all causes appealed, or in any other manner brought from any inferior court to any superior court, the party appealing, or so bringing said suit into the superior court, may, in like manner, dismiss his appeal in the same manner as in the preceding section provided; and when said cause is dismissed, as aforesaid, the judgment in the inferior court shall remain and be in all things as valid, as if said cause had never been removed from said inferior court. History: Laws 1851-1852, p. 246; C.L. 1865, ch. 30, § 2; C.L. 1884, § 1858; C.L. 1897, § 2907; Code 1915, § 4294; C.S. 1929, § 105-1402; 1941 Comp., § 19-1002; 1953 Comp., § 21-10-11. ANNOTATIONSCompiler's notes. — The words "in like manner" and "in the same manner as in the preceding section" referred to Comp. Laws 1865, ch. 30, § 1, providing that any suit pending in district court could be dismissed in vacation by filing a written dismissal with the clerk. That section is omitted as superseded by Rule 41(a), N.M.R. Civ. P. (now see Paragraph A of Rule 1-041 NMRA), and if there is a method for dismissal of appeals from inferior courts, it would appear to be the latter provision. This section, insofar as it applies to appeals in the supreme court, may be affected by Rule 12-401 NMRA. Appellant has no right to dismiss his appeal in the face of a motion for affirmance well taken. Hubbell v. Armijo, 1913-NMSC-045, 18 N.M. 68, 133 P. 978; Acequia Madre v. Meyer, 1912-NMSC-044, 17 N.M. 371, 128 P. 68. The plaintiff in an action of replevin in justice (now magistrate) court may not, on appeal to the district court, dismiss his appeal and thus deprive the defendant of his right to a trial as to the value of the property replevied and an assessment of damages for its detention. Strauss v. Smith, 1896-NMSC-006, 8 N.M. 391, 45 P. 930. Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review §§ 872, 877. 5 C.J.S. Appeal & Error § 631 et seq.
NM Stat § 39-3-16 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-16 - Parties; joinder.

If there are several parties entitled to sue out a writ of error or take an appeal and any of them have separate interests in the judgment; or if the judgment, though joint in form, is substantially against one; or if some of the parties in the district court have no interests in reversing or maintaining the judgment; or if upon notice and request to join in the writ of error or appeal, they fail or refuse to do so; it is not necessary to join these parties in the writ of error or appeal. The supreme court or court of appeals may, on affidavits or from the record, determine whether or not the parties omitted should have been joined. History: Laws 1917, ch. 43, § 5; C.S. 1929, § 105-2505; 1953 Comp., § 21-10-13; Laws 1966, ch. 28, § 44. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 44, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules. Rule 12-301 NMRA provides that the appellate court may add, drop or substitute parties upon motion or on its own initiative at any stage of an appeal. Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review §§ 268, 278. 4 C.J.S. Appeal & Error § 234 et seq.
NM Stat § 39-3-17 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-17 - Failure to join.

If any person named in the notice provided for in Section 39-3-16 NMSA 1978 does not join in the writ of error or appeal under terms contained in the notice, upon filing proof of service of the notice, he shall thereby be forever precluded from bringing any writ of error or appeal on the same judgment, order, decision or conviction, and the cause shall proceed in the same manner as if he had been named in the writ of error or appeal. History: Laws 1917, ch. 43, § 6; C.S. 1929, § 105-2506; 1953 Comp., § 21-10-14; Laws 1966, ch. 28, § 45. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 45, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
NM Stat § 39-3-18 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-18 - Inability to join.

When the name of any person out of this state or incapable of giving consent to the bringing of a writ of error or taking of an appeal is omitted in the writ of error or appeal, and the cause proceeds without his name, his rights shall not be impaired by the judgment on the writ of error or appeal, and he may bring his separate writ of error or appeal in the same manner as if no former writ or appeal had been brought. History: Laws 1917, ch. 43, § 7; C.S. 1929, § 105-2507; 1953 Comp., § 21-10-15; Laws 1966, ch. 28, § 46. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 46, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
NM Stat § 39-3-19 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-19 - Death of party before review.

If a judgment is rendered against several persons and one or more of them dies, a writ of error or appeal may be brought by any survivors or by the successors in interest of the decedent. History: Laws 1917, ch. 43, § 9; C.S. 1929, § 105-2509; 1953 Comp., § 21-10-16; Laws 1966, ch. 28, § 47. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 47, 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. — 4 C.J.S. Appeal & Error § 245.
NM Stat § 39-3-20 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-20 - Death of party pending review.

If any party to an appeal or writ of error dies after appeal is taken or writ of error sued out, but before final judgment thereon, the appeal or writ of error shall not abate thereby. The death shall be suggested to the supreme court or court of appeals by any surviving party, and the court shall proceed as may be provided by rule of procedure. History: Laws 1917, ch. 43, § 10; 1927, ch. 93, § 3; C.S. 1929, § 105-2510; 1953 Comp., § 21-10-17; Laws 1966, ch. 28, § 48. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 48, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules. Rule 12-301 NMRA provides that if a party dies after notice of appeal has been filed, the personal representative of the deceased party may be substituted as a party on motion filed in the appellate court by the representative or by any party. Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 279. Effect of death of party to divorce proceeding pending appeal or time allowed for appeal, 33 A.L.R.4th 47. 4 C.J.S. Appeal & Error §§ 246, 247.
NM Stat § 39-3-21 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-21 - Substitution of parties upon review.

Persons may be substituted as parties or compelled to become parties in cases pending in the supreme court or court of appeals in like time and manner, and with like effect, as provided for in original suits in district courts. History: Laws 1917, ch. 43, § 14; C.S. 1929, § 105-2511; 1953 Comp., § 21-10-18; Laws 1966, ch. 28, § 49. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 49, 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 § 279 et seq. 4 C.J.S. Appeal & Error § 244.
NM Stat § 39-3-23 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-23 - Automatic stay.

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. ANNOTATIONSCompiler'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.