Legal Opinion
Mercer v. Morgan
New Mexico Court of Appeals
Decided September 11, 1974No. 1289 and 1317PublishedCited by 16 opinions
1Opinion of the Court
OPINION
LOPEZ, Judge.
These appeals question whether the filing of a complaint against a personal representative after the statute of limitations has expired, relates back to the original complaint filed against his decedent prior to the running of the statute.
The court below granted summary judgment in No. 1289 and dismissal in No. 1317, both in favor of the defendants. Plaintiffs appeal. We affirm.
No. 1289
The original complaint arose out of an auto accident involving plaintiffs and defendant Rachel Morgan. The accident occurred August 27, 1968. The complaint in No. 1289 was filed August 24,…
2Cases cited9 opinions
- Thompson v. PeckSupreme Court of Pennsylvania · 1935
- Chandler v. DunlopMassachusetts Supreme Judicial Court · 1942
- Burket v. Aldridge, Adm'rCourt of Appeals of Maryland · 1966
- Chorney v. CallahanDistrict Court, D. Massachusetts · 1955
- Moul v. PaceDistrict Court, D. Maryland · 1966
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Antonio Devargas v. Robert Montoya, Antonio Devargas v. Clyde Malley, Roberto MontoyaCourt of Appeals for the Tenth Circuit · 1986
- Chavez v. Regents of the University of New MexicoNew Mexico Supreme Court · 1985
- Trimble v. EngelkingIdaho Supreme Court · 1997
- DeVargas v. State ex rel. New Mexico Department of CorrectionsNew Mexico Court of Appeals · 1981
- North v. Public Service Co. of New MexicoNew Mexico Court of Appeals · 1984
11 more not listed; retrieve them via the Exa API.