Eagle Mining & Improvement Co. v. Lund
New Mexico Supreme Court
Error to the District Court for Chaves County, before William H. Pope, Associate Justice. The defendant has the right to state new matter as a defense, showing that the plaintiff is not the real party in interest; and to prove by the evidence that such is the fact. Stewart v. Price, 67 Pac. Rep. 554; Bostwiek v. Bry-ant, 113 Ind. 448-459; Eaton v. Alger, 57 Barber 179; Philips Code Pleadings, sec. 383; 23 Am.
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Error to the District Court for Chaves County, before William H. Pope, Associate Justice. The defendant has the right to state new matter as a defense, showing that the plaintiff is not the real party in interest; and to prove by the evidence that such is the fact. Stewart v. Price, 67 Pac. Rep. 554; Bostwiek v. Bry-ant, 113 Ind. 448-459; Eaton v. Alger, 57 Barber 179; Philips Code Pleadings, sec. 383; 23 Am. Ene. of Law 932; Shaffer v. Browning, 42 Ind. 89, 90; Smith v. Fall, 67 N. Y. 48; Wetmore v. San Francisco, 44 Cal. 294; Pom-eroy's Code Pleadings, 4 ed. 77; 1 Ene. P. & P. 817 and note;…
1Opinion of the Court
OPINION OP THE COURT.
MILLS, C. J.
The complaint in this case was filed in the District Court of Chaves County, on July 16th, 19.06. The action was based upon a draft or order which reads as follows, to-wit:
‘“White Oaks, New Mexico, Sept. 26, 1901.
John M. Rice, Esq., and
The Eagle Mining & Improvement Compaq.
Sirs:
I do hereby authorize and request you or either of you, in person or by representative to pay to R. E. Lund, ‘Attorney at Law, out of the purchase price payable for those certain mining claims sold you, the sum of Seven Thous- and and seventy-seven dollars, ($7077.), in discharge of…
2Cases cited2 opinions
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