2011 New Mexico Statutes
Chapter 39: Judgments, Costs, Appeals
Article 2: Attorneys' Fees and Costs, 39-2-1 through 39-2-14
Section 39-2-6: When judgment appealed from was for appellant.
39-2-6. [When judgment appealed from was for appellant.]
If such appeal be from a judgment in favor of the appellant, costs shall be adjudged as follows: if upon the trial anew, the appellant shall not recover more than the judgment below, he shall pay the costs of the appellate court; if he recover nothing, the costs shall be adjudged against him in both courts; if he recover more than the judgment below, he shall recover costs in both courts.
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