Dye v. Crary
New Mexico Supreme Court
Appeal from the district court of Socorro county, before Frank W. Parker, Associate Justice. The attachment laws of New Mexico authorize the issuance of alias writs of attachment. Comp: Laws, N. M., 1897, Sec. 2697, and Secs. 2871, 2727. In Iowa it has been held that such writs may issue under the inherent power of the court.
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Appeal from the district court of Socorro county, before Frank W. Parker, Associate Justice. The attachment laws of New Mexico authorize the issuance of alias writs of attachment. Comp: Laws, N. M., 1897, Sec. 2697, and Secs. 2871, 2727. In Iowa it has been held that such writs may issue under the inherent power of the court. Iíamill v. Phenicie, 9 Iowa, 526; Elliott v. Stevens, 10 Iowa 418; Session Laws of N. M., 1905, Chap. 113, Sec. 9. ■ Alias and plures writs of citation were the practice at common law, and “also recognized as the practice in this territory.” Comp. Laws 1897, Sec. 2954,…
1Opinion of the Court
OPINION OP THE COURT.
MANN, J.
1 At the January, 1904, term of this court this case was heard on appeal from the district court of Socorro county, from a judgment in favor of the defendants and reversed and remanded to that court for further proceedings in conformit.y -with the opinion in the case. Dye et al., v. Crary et al., 78 Pac. 533.
It was held in that opinion that there was no authority for an alias writ of attachment at the time the alias writ was issued in Taliaferro v. Dye, in the district court of Lincoln county, and that property levied upon under such writ gives the court no…
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- Stewart v. SalamonSupreme Court of the United States · 1878
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