Holzman v. Martinez
New Mexico Supreme Court
Error to tbe District Court for San Miguel county. This is an action of assumpsit in which a writ of attachment was issued by the probate clerk of San Miguel county, on the declaration, affidavit and bond being filed with him. The writ of attachment is in the Spanish language, and ,is directed to the alguacil (constable) of the county of San Miguel.
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Error to tbe District Court for San Miguel county. This is an action of assumpsit in which a writ of attachment was issued by the probate clerk of San Miguel county, on the declaration, affidavit and bond being filed with him. The writ of attachment is in the Spanish language, and ,is directed to the alguacil (constable) of the county of San Miguel. It commanded him to attach .of the goods, chattels, moneys, effects, credits, etc., of Philip Holzman sufficient to pay the sum of $2,000, in order that it be and appear before the district court in and for the county of San Miguel at the next…
1DissentPrince, Chief Justice
While concurring in much contained in the opinion of the majority of the court in this case, I feel constrained to put on record my dissent from the statement therein appearing that “ the writ, by its terms, was made returnable on a day and to a term of court then past. It was, therefore, returnable on an impossible day and to an impossible term.” There is no question of the fact that there was a clerical error — a lapsus calami in the writ. The question is whether this was sufficiently .serious and of a character so liable to cause mistake or deception as to be fatal.
The plaintiff made his…
2Cases cited5 opinions
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