Burnham-Hanna-Munger Dry Goods Co. v. Hill
New Mexico Supreme Court
Appeal from District Court, Torrance County. . Sub-sec. 17, sec. 2685, C. L. 1897; chap. 107, par. 13, laws 1907. Rule of construction, of the statute on replevin in New Mexico. Martinez v. Martinez, 2 N. M. 469; 24 Am. & Eng. Enc. L., p. 478, note 4; Peoples Sav.
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Appeal from District Court, Torrance County. . Sub-sec. 17, sec. 2685, C. L. 1897; chap. 107, par. 13, laws 1907. Rule of construction, of the statute on replevin in New Mexico. Martinez v. Martinez, 2 N. M. 469; 24 Am. & Eng. Enc. L., p. 478, note 4; Peoples Sav. Bank, etc., v. Bachelder, etc., 51 Fed. 130; Cobbey on Replevin (2nd ed.) sec. 13; Appelwhite v. Allen, 8 Humph. 698; Hellings v. Wright, 2 Har. 374. The court had jurisdiction both of the subject matter and of the parties. 17 Am. & Eng. Enc. Law (2nd ed.) p. 1059; id. TV. 2, p. 1060; Chandler v. Citizens Bank. 149 Ind. 601;…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
Appellant instituted this action in the court below in replevin, under article 13, of chap.- 107 of the Session Laws of 1907, to recover certain goods and chattels, by filing with the clerk of the District Court of Torrance County an affidavit in replevin and a bond, conditioned as required by law. A writ of replevin was issued and duly executed by the sheriff, and a summons was issued and served upon the defendants, and return made. No formal complaint was filed, unless it can be held that the affidavit performed both the functions of a complaint and…
2Cases cited8 opinions
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
- Dunn v. CrockerIndiana Supreme Court · 1864
- Cox v. AlbertIndiana Supreme Court · 1881
- Louisville, Evansville & St. Louis Railway Co. v. PayneIndiana Supreme Court · 1885
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3Cited by15 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Martin v. New York Life Ins. Co.New Mexico Supreme Court · 1923
- Withington v. Gypsy Oil Co.Supreme Court of Oklahoma · 1918
- Crawford v. TaylorNew Mexico Supreme Court · 1954
- Chavez v. PotterNew Mexico Supreme Court · 1954
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