State v. Llewellyn
New Mexico Supreme Court
Appeal fom District Court, Santa Fé County; Mechem, Judge. Action by State of New Mexico against Morgan O. Llewellyn and the Southwestern Surety Insurance Company. Judgment for plaintiff, and defendants appeal. Bond of defendant was not required by law and consequently was without consideration and' void. C. 101, Code 1915; Sec. 5091, 5092, 4151, Code 1915. 2 Lewis-Sutherland S'tat. Const.
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Appeal fom District Court, Santa Fé County; Mechem, Judge. Action by State of New Mexico against Morgan O. Llewellyn and the Southwestern Surety Insurance Company. Judgment for plaintiff, and defendants appeal. Bond of defendant was not required by law and consequently was without consideration and' void. C. 101, Code 1915; Sec. 5091, 5092, 4151, Code 1915. 2 Lewis-Sutherland S'tat. Const. Sec. 491; Board of County Commissioners v. Harvey et al. 52 Pac. 402; State v. Heisey, 9 N. W. 327; State v. Bartlett, 30 Miss. 624; Faust v. Murphy, 71 Mass. 120, 30 So. 862; Tuskaloosa v. Lacy, 3 Ala.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
This action was instituted in the court below by the state against Morgan O. Llewellyn and Southwestern Surety Insurance Company upon an alleged bond given by Llewellyn as secretary-treasurer of the New Mexico College of Agriculture and Mechanic Arts in the penal sum of $75,000. The complaint set up the execution of the bond by Llewellyn, with the surety companjr as surety, and alleged a default in the condition of the bond and prayed for judgment in the full amount of the bond. A copy of the bond was attached to the complaint as an exhibit. To this complaint…
2Cases cited24 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- Lee v. MunroeSupreme Court of the United States · 1813
- State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
- County Treasurer v. BunburyMichigan Supreme Court · 1881
- Minturn v. United StatesSupreme Court of the United States · 1882
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3Cited by18 opinions
- Murphy v. StateArizona Supreme Court · 1947
- Abbott v. CooperCalifornia Supreme Court · 1933
- Reese v. DempseyNew Mexico Supreme Court · 1944
- State Ex Rel. King v. LyonsNew Mexico Supreme Court · 2011
- State v. Southern Pac. Co.New Mexico Supreme Court · 1929
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