Wells v. Romero

Decided September 5, 1916

New Mexico Supreme Court · decided 1916-09-05

Action by N. A. Wells against Cleofas Romero, begun in justice court, and appealed to the district court. From a judgment there in his favor, plaintiff appeals. The appeal must be dismissed because appellant, prior to the perfecting thereof, accepted money in full settlement of fire judgment. 3 C. J. 681, sec. 554; Martin v. Bott, 1J Ind.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1916-09-05

How this case has been cited

Cited by 8 later decisions — most recently March 1967

3 federal appellate · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1OPINION OP THE COURT.

PARKIER, J.

¶2Appellant recovered a judgment before a justice of the peace for $9.51 against the appellee. From this judgment the appellant appealed to the district court, where the judgment of the justice of the peace was affirmed and final judgment rendered. Thereafter, and prior to the taking of the appeal to this court, the appellee paid into court the amount of this judgment, which was accepted and received by the appellant in full settlement and satisfaction of the judgment.' Thereafter he appealed to this court. Under such circumstances the right to review the judgment' had been waived and lost to the appellant. 3 C. J. p. 681, § 554.

¶3It follows that the judgment of the district court should be affirmed; and it is so ordered.'

Roberts, C.J., and Hanna, J., concur.