Baca v. Ceballos

By order of our Supreme Court, compiled as § 21-2-2, N.M.S.A. 1953 (Supp. 1969), the rules of practice and procedure in the Supreme Court are made applicable to the Court of Appeals, where pertinent. The rules pertinent here, and with which this opinion is primarily concerned, are paragraphs (1), (2) and (4) of Supreme Court Rule 12 [§ 21-2-1(12), N.M.S.A. 1953 (Supp. 1969)] and paragraph (4) of Supreme Court Rule 16 (§ 21-2-1(16), N.M.S.A. 1953). The issue is whether the appeal should be dismissed. An issue raised subsequent to the preparation of this opinion is whether plaintiffs can now have included in the transcript the missing testimony with which this opinion is concerned.