Legal Opinion
Evans Financial Corp. v. Strasser
New Mexico Supreme Court
Decided June 16, 1983No. 14802PublishedCited by 28 opinions
1Opinion of the Court
OPINION
STOWERS, Justice.
This matter is before this Court upon certification from the Court of Appeals pursuant to Section 34-5-14(C), N.M.S.A.1978 (Repl.Pamp.1981). The question certified to this Court is whether parties to a suit in equity have a right to a jury trial when their counterclaim involves legal issues. In our opinion they do.
The issue presented in this case arose in the following manner. Plaintiff-Appellee and Counter-Defendant Evans Financial Corporation (Evans) sought to foreclose two mortgages and to recover on three promissory notes. The parties agree that the complaint…
2Cases cited19 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Scott v. NeelySupreme Court of the United States · 1891
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- Basey v. GallagherSupreme Court of the United States · 1875
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sims v. SimsNew Mexico Supreme Court · 1996
- Elm Ridge Exploration Company v. EngleCourt of Appeals for the Tenth Circuit · 2013
- Garcia v. Garcia Ex Rel. Estate of GarciaNew Mexico Supreme Court · 1991
- Blea v. FieldsNew Mexico Supreme Court · 2005
- Computer One, Inc. v. Grisham & Lawless P.A.New Mexico Supreme Court · 2008
23 more not listed; retrieve them via the Exa API.