Day v. Trigg
New Mexico Supreme Court
Appeal from District Court, De Baca County; Bratton, Judge. Application by W. S. Day against H. Trigg in the district court for a writ of audita querela to vacate a judgment in favor of the latter and against the former. A demurrer to the petition was sustained, the proceeding dismissed, and petitioner appeals.
1Opinion of the Court
OPINION OF THE COURT
DAVIS, J.
In June, 1919, appellee, H. Trigg, recovered judgment for $1,000 and costs against appellant, W. S. Day,' in the district court of De Baca county. The recovery was based upon a claim for cottonseed cake furnished for appellant’s cattle and for services in feeding it. On June 26, 1921, two years after the entry of judgment, appellant applied to the district court for a writ of audita querela to vacate it. A demurrer to his petition was sustained and the proceeding dismissed, and he thereupon took this appeal.
As grounds for his petition for the writ appellant…
2Cases cited4 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Boring v. OttWisconsin Supreme Court · 1909
- Van Patten v. BoydNew Mexico Supreme Court · 1915
- El Capitan Land & Cattle Co. v. LeesNew Mexico Supreme Court · 1906
3Cited by6 opinions
- Kerr v. Southwest Flourite Co.New Mexico Supreme Court · 1930
- Lucus v. RuckmanNew Mexico Supreme Court · 1955
- Phoenix Funding, LLC v. Aurora Loan Services, LLCNew Mexico Supreme Court · 2017
- O'Brien v. BehlesNew Mexico Court of Appeals · 2020
- Lucus v. RuckmanNew Mexico Supreme Court · 1955
1 more not listed; retrieve them via the Exa API.