The municipality shall have the right to appeal to the district court from the municipal court and to the supreme court from any decision of the district court in every case brought for the violation of an ordinance of said municipality. The municipality shall be allowed an appeal from the municipal court to the district court only when the municipal court has held an ordinance or section thereof invalid or unconstitutional or that the complaint is not legally sufficient.
History: Laws 1935, ch. 28, § 1; 1941 Comp., § 39-214; 1953 Comp., § 38-1-14; Laws 1959, ch. 169, § 9.
Right of municipality to appeal from municipal court to district court. — N.M. Const., art. VI, § 27 confers upon a municipality a constitutional right to appeal an adverse final judgment or decision from a municipal to district court and the legislature may not abridge that right. City of Las Cruces v. Sanchez, 2007-NMSC-042, 142 N.M. 243, 164 P.3d 942.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations §§ 386 to 397.
Right of municipal corporation to review of an unfavorable decision in an action or prosecution for violation of a municipal ordinance, 11 A.L.R.4th 399.
62 C.J.S. Municipal Corporations § 364.
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