Gillett v. Chavez
New Mexico Supreme Court
Appeal from the district court of Bernalillo county-before Benjamin S. Baker, Associate Judge. All tbe requirements for taking and perfecting an appeal are deemed jurisdictional, and must be strictly complied with whatever be the method named. 2 Ency. PI. and Pr., 16, and cases cited. One partner should sue the other, on balance struck, at law. Bindley on Partnership, 734-735; George on Partnership, 306-307; Sikes v. Work, 6 Gray, (Mass.) 433-4; Wheeler y.
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Appeal from the district court of Bernalillo county-before Benjamin S. Baker, Associate Judge. All tbe requirements for taking and perfecting an appeal are deemed jurisdictional, and must be strictly complied with whatever be the method named. 2 Ency. PI. and Pr., 16, and cases cited. One partner should sue the other, on balance struck, at law. Bindley on Partnership, 734-735; George on Partnership, 306-307; Sikes v. Work, 6 Gray, (Mass.) 433-4; Wheeler y. Wheeler, 111 Mass. 257-50. Assumpsit will lie to recover a final balance of a partnership account. Brigham v. Eveleth, 9 M'ass. 538; Jones…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, A. J.
The first error assigned is:
“The court erred in assuming jurisdiction of the subject-matters herein, because appellant filed two separate claims in the probate court, said court heard the claims separately and rendered separate decrees in favor of this appellant. Appellee appealed from one of said decrees only, and the record does not show from which of said decrees appellee herein appealed to the district court.”
1 2There was no motion made in the court below to dismiss this cause upon the ground stated in this assignment, nor was there objection to the cause…
2Cases cited4 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Champion v. . JoslynNew York Court of Appeals · 1871
- Reinhardt v. HinesMississippi Supreme Court · 1875
3Cited by12 opinions
- State v. EdwardsNew Mexico Supreme Court · 1950
- Robertson's v. Atlantic Coast Realty Co.Supreme Court of Virginia · 1921
- Bujac v. WilsonNew Mexico Supreme Court · 1921
- Johnson v. Gallatin Valley Milling Co.Montana Supreme Court · 1909
- Rogers v. StacyNew Mexico Supreme Court · 1957
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