reglab/housing_qa huggingface dataset:
NM Stat § 39-3-24 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-24 - Discretionary stay.

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. ANNOTATIONSCompiler'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 It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.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.
NM Stat § 39-3-25 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-25 - District court clerk; fees for record.

The clerk of the district court shall collect the following fees from the party suing out a writ of error or taking an appeal: ||  for making out and certifying the original copy of the record on    ||  appeal or writ of error, per typewritten folio    $ .10   ||  for each additional copy, per typewritten folio    .05   ||  for certifying a bill of exceptions furnished by the official court reporter    2.00   ||  for copies of any records reproduced by photographic process, per page    .10   |History: Laws 1917, ch. 43, § 24; 1927, ch. 93, § 5; C.S. 1929, § 105-2518; 1953 Comp., § 21-10-22; Laws 1966, ch. 28, § 53. ANNOTATIONSCross references. — For miscellaneous district court civil filing fees, see Rule 1-099 NMRA. Compiler's notes. — Laws 1966, ch. 28, § 53, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
NM Stat § 39-3-26 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-26 - Disposition after review.

The supreme court or court of appeals in appeals, and the supreme court in writs of error, shall examine the record, and on the facts therein contained alone, shall award a new trial, reverse or affirm the judgment of the district court or give any other judgment it deems agreeable to law. The supreme court or court of appeals shall not decline to pass upon any question of law or fact which may appear in any record, either upon the face of the record or in the bill of exceptions, because the cause was tried by the court without a jury, but shall review the cause in the same manner and to the same extent as if it had been tried by a jury. History: Laws 1917, ch. 43, § 38; C.S. 1929, § 105-2520; 1953 Comp., § 21-10-23; Laws 1966, ch. 28, § 54. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 54, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules. Case remanded for new trial on damages. — In a personal injury case where past medical expenses bore no relation to contemplated future treatment, the jury had no yardstick for determining future expenses, and the case was remanded for a new trial on damages. Selgado v. Commercial Warehouse Co., 1974-NMCA-093, 86 N.M. 633, 526 P.2d 430. Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 591 et seq. Propriety of limiting to issue of damages alone new trial granted on ground of inadequacy of damages - modern cases, 5 A.L.R.5th 875. 5 C.J.S. Appeal and Error § 860 et seq.
NM Stat § 39-3-27 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-27 - Award of damages on review.

Upon the affirmation of any judgment or decision, the supreme court or court of appeals may award to the appellee or defendant in error damages not exceeding ten percent of the judgment complained of, as may be deemed just by the court. History: Laws 1917, ch. 43, § 39; C.S. 1929, § 105-2521; 1953 Comp., § 21-10-24; Laws 1966, ch. 28, § 55. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 55, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules. Damages not awarded. — The appellate court will not award damages where the application of general propositions of law to the facts of the case present an issue of first impression concerning a shareholder's standing to bring an individual action against another equal shareholder in a closely held corporation for a breach of fiduciary duty in the sale of corporate assets. Clark v. Sims, 2009-NMCA-118, 147 N.M. 252, 219 P.3d 20, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648. The appellate court will not award damages where the appellant continues to pursue an appeal by opposing the appellate court's proposed disposition of the appeal. Clark v. Sims, 2009-NMCA-118, 147 N.M. 252, 219 P.3d 20, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648. Damages assessed where appeal frivolous or for delay. — Under this section damages may be assessed where an appeal is found to be frivolous or merely for delay, but a court should be reluctant to penalize litigants who take advantage of their right to appeal. Genuine Parts Co. v. Garcia, 1978-NMSC-059, 92 N.M. 57, 582 P.2d 1270. Attorney fees not awarded. — The appellate court will not award attorney fees where an appeal raises substantial questions concerning a decision of the personnel board. State ex rel. N.M. State Hwy. Dep't v. Silva, 1982-NMCA-121, 98 N.M. 549, 650 P.2d 833.
NM Stat § 39-3-28 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-28 - Directions following review; execution.

The supreme court or court of appeals, on the determination of a cause on appeal or error, may award execution to carry it into effect, or may remit the record with its decision to the district court from which the cause came, and the determination shall be carried into effect by the district court. When any writ of execution sued out of the supreme court or court of appeals is placed in the hands of any officer for levy or collection and the officer fails to find any property from which it may be satisfied, the officer shall notify all persons who may be indebted to the defendant named in the writ not to pay the defendant, but to appear before the district court from which the cause was originally taken by appeal or writ of error and answer on oath concerning his indebtedness. Thereupon, like proceedings shall be had in the district court as in case of garnishees summoned in suits originating by attachment in the district courts. History: Laws 1917, ch. 43, § 40; C.S. 1929, § 105-2522; 1953 Comp., § 21-10-25; Laws 1966, ch. 28, § 56. ANNOTATIONSCross references. — For execution after judgment, see 39-1-20 NMSA 1978. For execution and foreclosure, see 39-4-1 NMSA 1978 et seq. For issuance and stay of mandate, see Rule 12-402 NMRA. For executions and garnishments in the district court, see Rule 1-065.1 NMRA. Compiler's notes. — Laws 1966, ch. 28, § 56, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules. Constitutionality. — For procedure required for writs for execution, see Aacen v. San Juan County Sheriff's Dep't, 944 F.2d 691 (10th Cir. 1991)(decided under prior version of Rule 1-065.1 NMRA). Am. Jur. 2d, A.L.R. and C.J.S. references. — 5B C.J.S. Appeal and Error § 1977.
NM Stat § 39-3-29 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 3 - Appeals|Section 39-3-29 - Directions following review; judgment on bond.

If the judgment on review is against the appellant or plaintiff in error, the supreme court or court of appeals shall either render judgment against him and his sureties on the appeal or supersedeas bond, or remand the cause with directions to the district court to enter judgment against him and his sureties on the bond. Execution may issue on any such judgment against the principal and his sureties, either jointly or severally. History: Laws 1917, ch. 43, § 41; C.S. 1929, § 105-2523; 1953 Comp., § 21-10-26; Laws 1966, ch. 28, § 57. ANNOTATIONSCompiler's notes. — Laws 1966, ch. 28, § 57, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules. Appeal bond principal step. — On appeal from justice of the peace (now magistrate), an appeal bond is the process or principal step and requires a United States revenue stamp to validate it, and its absence cannot be cured by order of district court permitting amendment by filing of properly stamped bond. Tipton v. Cordova, 1866-NMSC-003, 1 N.M. 383 (decided under former law). Appeal bond cannot be perfected by appellate court order. — An appeal from a justice's court, which is invalid because a revenue stamp was not placed on appeal bond, cannot be perfected by order of appellate court which permitted affixing such stamp nunc pro tunc. Secou v. Leroux, 1866-NMSC-005, 1 N.M. 388 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 476.
NM Stat § 39-4-4 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-4 - Filing notice of levy on real estate; recording and indexing; release of levy.

A. Any peace officer making a levy on real estate under execution or writ of attachment shall file a notice of the levy in the office of the county clerk of the county where located, describing the real estate levied upon, the title and number of the case and the amount of the debt or judgment. A certificate of the facts recited in the notice, under the hand and seal of the peace officer, shall be sufficient to entitle the instrument to record. B. The county clerk shall record the notice of levy and shall index it in the records of the county clerk's office, and when so filed it shall be notice to the public of the facts therein recited. C. When the debt for which a levy is made has been satisfied, or if directed by the plaintiff or the plaintiff's attorney, the peace officer shall file a release of the levy under the peace officer's official hand and seal, in the office of the county clerk. History: Laws 1933, ch. 13, § 1; 1941 Comp., § 21-104; 1953 Comp., § 24-1-4; 2013, ch. 214, § 11. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, provided procedures for filing notices of levy; added the title; in Subsection A, in the first sentence, after "Any", added "peace" and in the second sentence, after "hand and seal of", deleted "such" and added "the peace"; and added Subsections B and C. Substantial compliance. — This section makes no provision for service of writ and notice of levy on judgment debtor, and in the absence of a statute the levy on real estate under execution is made by filing notice of levy in the office of the county clerk where the land is located, describing it, etc.; there was substantial compliance where the sheriff went on the land, served the occupant with notice of levy and filed the return in the office of the county clerk. Inman v. Brown, 1955-NMSC-018, 59 N.M. 196, 281 P.2d 474. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962). Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 240 et seq. Judgment lien or levy of execution on one joint tenant's share or interest as severing joint tenancy, 51 A.L.R.4th 906. 33 C.J.S. Executions § 101.
NM Stat § 39-4-5 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-5 - Repealed.

History: Laws 1933, ch. 13, § 2; 1941 Comp., § 21-105; 1953 Comp., § 24-1-5; 1978 comp., § 39-4-5, repealed by Laws 2013, ch. 214, § 14.ANNOTATIONSRepeals. — Laws 2013, ch. 214, § 14 repealed 39-4-5 NMSA 1978, as enacted by Laws 1933, ch. 13, § 2, relating to recording and indexing notice, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 39-4-6 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-6 - Repealed.

History: Laws 1933, ch. 13, § 3; 1941 Comp., § 21-106; 1953 Comp., § 24-1-6; 1978 Comp., § 39-4-6, repealed by Laws 2013, ch. 214, § 14.ANNOTATIONSRepeals. — Laws 2013, ch. 214, § 14 repealed 39-4-6 NMSA 1978, as enacted by Laws 1933, ch. 13, § 3, relating to filing release of levy, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 39-4-7 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-7 - [Bond to retain possession of goods until sale.]

The person whose goods are taken on execution, may retain possession thereof until the day of sale, by giving bond in favor of the plaintiff with sufficient security to be approved by the officer in double the value of such property, conditioned for the delivery of the property to the officer at the time and place of sale, to be named in such bond, which bond shall be returned with the execution. History: Kearny Code, Executions, § 6; C.L. 1865, ch. 34, § 6; C.L. 1884, § 2162; C.L. 1897, § 3110; Code 1915, § 2193; C.S. 1929, § 46-104; 1941 Comp., § 21-107; 1953 Comp., § 24-1-7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 271 et seq. 33 C.J.S. Executions §§ 116 to 119.
NM Stat § 39-4-8 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-8 - [Failure to return bond; insufficient bond; liability of officer.]

Upon the failure of the officer to return such bond, or in case of its insufficiency, the officer shall be subjected to the same liability as is provided in the case of similar bonds in suits commenced by attachment. History: Kearny Code, Executions, § 7; C.L. 1865, ch. 34, § 7; C.L. 1884, § 2163; C.L. 1897, § 3111; Code 1915, § 2194; C.S. 1929, § 46-105; 1941 Comp., § 21-108; 1953 Comp., § 24-1-8. ANNOTATIONSCross references. — For officer's liability in connection with bonds in suits commenced by attachment, see 42-9-22 NMSA 1978.
NM Stat § 39-4-10 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-10 - [Execution against sureties.]

No execution shall issue against any security on any promissory note, bond, bond for costs, appeal bond or other obligation for the payment of money or property, until execution shall have been first issued against the principal in any such note or obligation, and levied upon all the real estate or other property of said principal, which may be within the jurisdiction of the court, in which the judgment may have been rendered: provided, that whenever the plaintiff in any such execution shall file in the court, in which the judgment is pending, an affidavit in relation to such security or securities similar to the one required by law to be filed previous to issuing an attachment, then in such case execution shall issue simultaneously against the principal and the security against whom the said affidavit be filed. History: Laws 1856-1857, p. 42; C.L. 1865, ch. 34, § 18; C.L. 1884, § 2170; C.L. 1897, § 3118; Code 1915, § 2201; C.S. 1929, § 46-112; 1941 Comp., § 21-111; 1953 Comp., § 24-1-19. ANNOTATIONSCross references. — For affidavit for issuance of attachment, see 42-9-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 33 C.J.S. Executions § 15.
NM Stat § 39-4-11 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-11 - [Execution against corporation; information to be furnished.]

Every agent or person having charge or control of any property of a corporation, on request of any public officer, having for service a writ of execution against it, shall furnish to him the names of the directors and officers thereof, and a schedule of all its property, including debts due or to become due to it so far as he may have knowledge of the same. History: Laws 1905, ch. 79, § 68; Code 1915, § 952; C.S. 1929, § 32-170; 1941 Comp., § 21-112; 1953 Comp., § 24-1-20.
NM Stat § 39-4-12 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-12 - [Assignment of debts due corporation.]

If any officer, holding an execution shall be unable to find other property belonging to the corporation liable to execution, he or the judgment creditor may elect to satisfy such execution, in whole or in part, by any debts due to the corporation; and it shall be the duty of any agent or person having custody of any evidence of such debt to deliver the same to the officer, for the use of the creditor, and such delivery, with a transfer to the officer in writing, for the use of the creditor, and notice to the debtor, and [sic] shall be a valid assignment thereof; and such creditor may sue for and collect the same in the name of the corporation, subject to such equitable set-offs on the part of the debtor as in other assignments; and every agent or person who shall neglect or refuse to comply with the provisions of this and the last preceding section [39-4-11 NMSA 1978], shall be himself liable to pay to the execution creditor the amount due on said execution, with costs. History: Laws 1905, ch. 79, § 69; Code 1915, § 953; C.S. 1929, § 32-171; 1941 Comp., § 21-113; 1953 Comp., § 24-1-21.
NM Stat § 39-4-14 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-14 - [Execution and appraisal not prerequisites to bringing of suit.]

Neither the issuance or levy of execution shall be a prerequisite to the bringing of such suit, nor shall any appraisal of the real estate be required. History: Laws 1933, ch. 7, § 2; 1941 Comp., § 21-115; 1953 Comp., § 24-1-23. ANNOTATIONSCross references. — For appraisal of property to be sold under judicial sale, see 39-5-5 to 39-5-11 NMSA 1978. Rights of lien holder. — Holder of a judgment lien on real estate has two or more rights, i.e., the right to the lien, which is a sort of substantive or property right, and a right to the remedies to enforce the lien. Pugh v. Heating & Plumbing Fin. Corp., 1945-NMSC-031, 49 N.M. 234, 161 P.2d 714.
NM Stat § 39-4-15 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-15 - [Pleading claim of exemption.]

The defendant, if he desires to claim such real estate or any part thereof as an exemption allowed by law, shall set up his claim of exemption by answer in such foreclosure suit. History: Laws 1933, ch. 7, § 3; 1941 Comp., § 21-116; 1953 Comp., § 24-1-24. ANNOTATIONSWaiver of claim of exemption. — The defendant waives his claim of exemption in a foreclosure action when the defendant fails to appeal the denial of his claim of exemption within thirty days after a foreclosure decree is entered. Grygorwicz v. Trujillo, 2008-NMCA-040, 143 N.M. 704, 181 P.3d 696, rev'd, 2007-NMSC-009, 145 N.M. 650, 203 P.3d 865. Claim of exemptions. — The defendant's appeal was timely under Rule 12-201(D) NMRA because defendant's motion for claim of exemptions on execution, filed subsequent to the final foreclosure decree, tolled the time for filing a notice of appeal, and defendant properly appealed within thirty days from the express denial of that motion and did not waive the right to a homestead exemption by failing to file an appeal within thirty days of the foreclosure decree. Grygorwicz v. Trujillo, 2009-NMSC-009, 145 N.M. 650, 203 P.3d 865. Failure to claim exemption. — Where homestead exemption had not been claimed in trial court, it would not be considered by appellate court on review. Chavez v. Chavez, 1952-NMSC-050, 56 N.M. 393, 244 P.2d 781. Mortgagors were not entitled to a homestead exemption against junior judgment lienholders when they had an opportunity to advance claims for such exemption in their answers to the cross claims which sought foreclosure of the liens, but failed to do so, and thereby failed to comply with this section. Speckner v. Riebold, 1974-NMSC-029, 86 N.M. 275, 523 P.2d 10. To be entitled to a homestead exemption under this section and 42-10-9 NMSA 1978 (prior to the 1979 amendment of 42-10-9 NMSA 1978), a party had to claim the exemption in his answer to a foreclosure action; otherwise, he could not claim it. US Life Title Ins. Co. v. Romero, 1982-NMCA-068, 98 N.M. 699, 652 P.2d 249, cert. denied, 98 N.M. 336, 648 P.2d 794.
NM Stat § 39-4-16 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4 - Recovery on Judgments|Section 39-4-16 - [Procedure not exclusive; existing remedies unaltered.]

The method of procedure provided by this act [39-4-13 to 39-4-16 NMSA 1978] shall be available to the holder of the judgment lien at his option, but shall not be exclusive. Nothing herein contained shall be construed as diminishing or altering any existing remedies, by execution or otherwise, now afforded by law to a judgment creditor. History: Laws 1933, ch. 7, § 4; 1941 Comp., § 21-117; 1953 Comp., § 24-1-25.
NM Stat § 39-4A-1 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4A - Foreign Judgments|Section 39-4A-1 - Short title.

This act [39-4A-1 to 39-4A-6 NMSA 1978] may be cited as the "Foreign Judgments Act". History: Laws 1989, ch. 256, § 1. ANNOTATIONSLack of jurisdiction. — Where notice of action was mailed to the defendant by the clerk of the Texas court by return receipt mail as provided by the Texas Rules of Civil Procedure; the delivery receipt was not signed by the defendant as required by the Texas Rules, but by someone else; the defendant was aware of the Texas proceeding and entered into a letter agreement with the plaintiff in which the plaintiff granted the defendant an extension of time to respond to the Texas complaint, the Texas court did not have jurisdiction to enter a default judgment against the defendant and the Texas default judgment was not entitled to full faith and credit in New Mexico courts. Miller v. Morrison, 2008-NMCA-092, 144 N.M. 543, 189 P.3d 676.
NM Stat § 39-4A-2 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4A - Foreign Judgments|Section 39-4A-2 - Definitions.

As used in the Foreign Judgments Act "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. History: Laws 1989, ch. 256, § 2. ANNOTATIONS
NM Stat § 39-4A-4 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 4A - Foreign Judgments|Section 39-4A-4 - Notice of filing.

A. At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the district court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor. B. Promptly upon the filing of the foreign judgment and the affidavit, the clerk of the district court shall mail a notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and address of the judgment creditor and his attorney, if any, in this state. In addition, the judgment creditor shall mail a notice of the filing of the judgment to the judgment debtor, certified mail, and shall file proof of the mailing with the clerk. C. No execution or other process for enforcement of a foreign judgment filed pursuant to this section shall issue until twenty days after the date the judgment is filed. History: Laws 1989, ch. 256, § 4. ANNOTATIONS