Cutler & Neilson Paint & Color Co. v. Hinman
New Mexico Supreme Court
Appeal from the District Oourt for Grant County, before Frank W. Parker, Associate Justice. A territorial insolvency law that does not provide for tbe discharge of the debtor is not suspended by the mere passage of a National Bankrupt Law, apart from invocation of the latter by creditors of the insolvent or involuntary proceedings. Randolph v. Scruggs, 190 IT.
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Appeal from the District Oourt for Grant County, before Frank W. Parker, Associate Justice. A territorial insolvency law that does not provide for tbe discharge of the debtor is not suspended by the mere passage of a National Bankrupt Law, apart from invocation of the latter by creditors of the insolvent or involuntary proceedings. Randolph v. Scruggs, 190 IT. S., pp. 537, 553-540; In re Watts, 190 U. S. 1-36; Grunsfeld Bros. v. Brownell (N. M. 1904), 76 Pac. 310; In re Chase (C. C. A. 1st Ct.), 124 Fed. 753; Summers v. Abbott, 122 Federal, 36-40. For the purpose of appeal, a judgment…
1Opinion of the Court
OPINION OP THE COURT.
POPE, J.
The plaintiff-appellant filed its complaint in the court below against Hinman and Oakes. The latter answered, the former filed a general demurrer. On September 19, 1905, the court dealing with this demurrer, made an order filed and entered on September 26, 1905, in which after reciting the hearing and the sustaining of the demurrer on the first ground thereof, it is provided: “Wherefore it is ordered, adjudged and decreed by
the court that said demurrer, as to the first ground thereof be and the same is hereby sustained.” The record, which is certified to be “a…
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