Field v. Sammis
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before J. W. Crump acker, Associate Justice. All defenses, either legal or equitable, of the garnishee or third parties may be interposed against the garnishor that might have been set up against his debtor, McLaughlin v. Swan, 18 How. (U. S.) 217; Schuler v. Israel, 120 U. S. 506; Milwaukee By. y. Brooks Works, 121 U. S. 430; Bolling Mill Co. y.
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Appeal from the district court of Bernalillo county, before J. W. Crump acker, Associate Justice. All defenses, either legal or equitable, of the garnishee or third parties may be interposed against the garnishor that might have been set up against his debtor, McLaughlin v. Swan, 18 How. (U. S.) 217; Schuler v. Israel, 120 U. S. 506; Milwaukee By. y. Brooks Works, 121 U. S. 430; Bolling Mill Co. y. Ore & Steel Co., 152 U. S. 596; Drake on Attachment, sec. 527. The garnishee may set np in this proceeding all the defenses which he would have in either a court of law or a court of equity. United…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
1 If the decision of this case rested upon the status existing on the 29th day of April, 1897, when the receiver recovered his judgment against Sammis, the intervening petitioner would have no standing in court under sections 2947-8-9, Compiled Laws, 1897. The sections of the statute above referred to, require that the petition for intervention must show that the petitioner has an interest in the subject-matter of the litigation, and that the petition shall be filed before the trial commences. McMillen, the intervenor here, had no interest in the subject-matter…
2Cases cited7 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Schuler v. IsraelSupreme Court of the United States · 1887
- St. John v. DiefendorfNew York Supreme Court · 1824
- Frissell & Johnson v. HaileSupreme Court of Missouri · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jemko, Inc. v. LiaghatNew Mexico Court of Appeals · 1987
- Central Adjustment Bureau, Inc. v. ThevenetNew Mexico Supreme Court · 1984
- Gallegos v. EspinozaNew Mexico Court of Appeals · 2001
- Joyce-Pruit Co. v. MeadowsNew Mexico Supreme Court · 1925
- First National Bank v. ClarkNew Mexico Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.