2016 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 2 - Attorneys' Fees and Costs
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.
History: Kearny Code, Costs, 4; C.L. 1865, ch. 45, 4; C.L. 1884, 2205; C.L. 1897, 3151; Code 1915, 4285; C.S. 1929, 105-1304; 1941 Comp., 29-105; 1953 Comp., 25-1-5.
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