{
  "id": 1559244,
  "name": "CULLENDER v. LEVERS",
  "name_abbreviation": "Cullender v. Levers",
  "decision_date": "1933-09-26",
  "docket_number": "No. 3917",
  "first_page": "112",
  "last_page": "113",
  "citations": [
    {
      "type": "official",
      "cite": "38 N.M. 112"
    },
    {
      "type": "parallel",
      "cite": "28 P.2d 533"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "180 P. 282",
      "category": "reporters:state_regional",
      "reporter": "P.",
      "opinion_index": 0
    },
    {
      "cite": "25 N. M. 203",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        4732171
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nm/25/0203-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:0aec8887790730d6",
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  "last_updated": "2023-07-14T22:29:00.087305+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "SADLER, HUDSPETH, BICKLEY, and ZINN, JJ., concur."
    ],
    "parties": [
      "CULLENDER v. LEVERS."
    ],
    "opinions": [
      {
        "text": "WATSON, Chief Justice.\nFrom the bill of exceptions it appears that this cause was tried before Judge Kiker, of the Eighth District, \u201csitting by designation of the Chief Justice * * * as judge of the Fifth Judicial District.\u201d He signed the judgment as \u201cJudge of the Eighth Judicial District, * * * sitting and acting as and for the Hon. G. A. Richardson, Judge of the Fifth Judicial District, designated by the Chief Justice. * * * \u201d The order granting the appeal was made four months later by Judge McGhee, successor to Judge Richardson.\n\u2022 On these facts appellee moves to dismiss the appeal on the ground that Judge McGhee lacked jurisdiction to allow it.\nAppeals are allowed by, and on application to, the district courts. N. M. App. Proe. R. II, \u00a7 2, R, III, \u00a7 1. The act of a district judge, sitting in his own court, exercising that court\u2019s power to grant an appeal, is entitled to every presumption. This record does not show that Judge McGhee was for any reason disqualified to perform this act, or that any other judge had been designated to perform it. It is not made to appear that Judge Kiker was designated to try this particular case, and so State v. Towndrow, 25 N. M. 203, 180 P. 282, is not in point, even if applicable otherwise.\nTo end a long controversy as to settling bills of exceptions, we have provided by rule that the judge who tried the cause, or another district judge by him or by the Chief Justice designated, shall perform this act. N. M. App. Proc. R. XI, \u00a7 2. But there is no analogy which would 'Suggest a similar rule or holding as to granting appeals.\nThe motion to dismiss should be denied, and it is so ordered.\nSADLER, HUDSPETH, BICKLEY, and ZINN, JJ., concur.",
        "type": "majority",
        "author": "WATSON, Chief Justice."
      }
    ],
    "attorneys": [
      "Reese & Reese, of Roswell, for appellant.",
      "O.E. Little, of Roswell, for appellee."
    ],
    "corrections": "",
    "head_matter": "28 P.(2d) 533\nCULLENDER v. LEVERS.\nNo. 3917.\nSupreme Court of New Mexico.\nSept. 26, 1933.\nReese & Reese, of Roswell, for appellant.\nO.E. Little, of Roswell, for appellee."
  },
  "file_name": "0112-01",
  "first_page_order": 148,
  "last_page_order": 149
}