Conley v. Davidson
34 N.M. 421
N.M.
1929
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OPINION OF THE COURT
Appellee moves dismissal of this appeal on the sole ground that the five days' notice required

Appeal and Error 3CJ § 1341 p. 1240 n. 62. *Page 422 by App. Proc. Rule V, § 1, was not given. He showed no prejudice, and the notice omitted is not jurisdictional. We have therefore overruled the motion, under App. Proc. Rule XIV, § 3.

It is so ordered.

PARKER and CATRON, JJ., did not participate.