B. In order to stay the execution of a money judgment, the trial court, within its
discretion, may require an appellant to deposit with the clerk of the trial court the
amount of judgment and costs or to give a supersedeas bond in the amount of judgment
and costs with or without surety. Any bond or deposit shall not be refundable during the
pendency of any appeal.
History: 1953 Comp., § 70-7-47, enacted by Laws 1975, ch. 38, § 47; 1989, ch. 253, §
2; 1995, ch. 195, § 22; 1999, ch. 91, § 7.
ANNOTATIONS
The 1999 amendment, effective June 18, 1999, rewrote Subsection A.
The 1995 amendment, effective July 1, 1995, added the subsection designations and
rewrote this section to such an extent that a detailed comparison would be
impracticable.
The 1989 amendment, effective June 16, 1989, made minor stylistic changes in the
second sentence, and inserted the fourth and fifth sentences.
Effect of violation of stay of execution. — This section does not explicitly or implicitly
require that a property owner either do or not do a specific act after the court has issued
a writ of restitution, nor does the statute provide a standard of conduct for a reasonable
person under circumstances where an appeal has been taken. Accordingly, violation of
the statute does not establish negligence per se. Runge v. Fox, 1990-NMCA-086, 110
N.M. 447, 796 P.2d 1143.
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6
N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Landlord and Tenant § 784.