Legal Opinion

Eagle Mining & Improvement Co. v. Lund

New Mexico Supreme Court

Decided February 25, 1908No. 1197PublishedCited by 5 opinions

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

  1. Manley v. ParkSupreme Court of Kansas · 1904
  2. Eaton v. AlgerNew York Supreme Court · 1868

3Cited by5 opinions

  1. Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
  2. Turner v. New Brunswick Fire Ins. Co.New Mexico Supreme Court · 1941
  3. American Surety Co. of New York v. James A. Dick Co.Court of Appeals for the Eighth Circuit · 1927
  4. Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
  5. Spears v. SutherlandNew Mexico Supreme Court · 1933

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