State v. Mills
New Mexico Supreme Court
Appeal from District Court, Santa Fe County; Mechem, Judge. Complaint by the State of New Mexico against Melvin W. Mills and others. From a judgment dismissing the complaint, the State appeals. Any security given by principal debtor immediately inures to benefit of creditor of surety. Green v. McDonald, 70 Vt. 372, 377; Moses v. Murgatroyd, 1 Johns.
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Appeal from District Court, Santa Fe County; Mechem, Judge. Complaint by the State of New Mexico against Melvin W. Mills and others. From a judgment dismissing the complaint, the State appeals. Any security given by principal debtor immediately inures to benefit of creditor of surety. Green v. McDonald, 70 Vt. 372, 377; Moses v. Murgatroyd, 1 Johns. Ch. 129; Bank vs. I-Iunt, 8 Ala. 866, 872; Whitehead vs. Henderson, 67, Ark. 200, 205; Van Orden v. Durham, 35 Cal. 136, 144 to 146; Plant v. Storey, 131, Ind. 46, 48-50; Loehr v. Colborn, 92 Ind. 24, 29-30; Bank of U. S. v. Stewart, 4 Dana, 27-8;…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, C. J.
This is an appeal by the State of New Mexico from a judgment rendered in the district court for Santa Fe county dismissing a complaint filed by it against Melvin W. Mills, Horace C. Longwill, Benton E. Longwill, William D. Longwill, and Martha E. Y/est.
As the questions involved herein are dependent upon the pleadings, it becomes necessary to state the contents thereof at some length. The complaint alleged: That all of the defendants, excepting Mills, were the children and heirs of Robert II. Longwill, deceased, who died prior to October, 1903; that all of said…
Also in this document: Concurrence.
2Cases cited4 opinions
- Kingsley v. DavisMassachusetts Supreme Judicial Court · 1870
- O'Donnell v. . McIntyreNew York Court of Appeals · 1890
- Beach v. Milford Ice Co.Supreme Court of Connecticut · 1913
- Mavity v. StoverNebraska Supreme Court · 1903
3Cited by2 opinions
- Sierra Blanca Sales Co. v. Newco Industries, Inc.New Mexico Court of Appeals · 1975
- Sierra Blanca Sales Co. v. Newco Industries, Inc.New Mexico Court of Appeals · 1975