Legal Opinion
Brown v. Lufkin Foundry & Machine Co.
New Mexico Court of Appeals
Decided July 23, 1971No. 638PublishedCited by 4 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
A default judgment was granted plaintiff against defendant Lufkin in a wrongful death action for failure to answer within the time prescribed by law. The trial court set aside the default judgment, and plaintiff appeals. Defendant, Gulf Oil Corporation, having answered, is not a party to this appeal.
We affirm.
On March 17, 1969, the statutory agent of defendant Lufkin was duly served with process. Because of mistake or carelessness, the statutory agent did not notify Lufkin of service of the summons and complaint. On April 24, 1969, plaintiff filed a motion for default…
2Cases cited14 opinions
- Toney Gomes, Jr. v. Ellen L. WilliamsCourt of Appeals for the Tenth Circuit · 1970
- Independent Steel & Wire Co. v. New Mexico Cent. R.New Mexico Supreme Court · 1918
- National American Life Insurance Co. v. BaxterNew Mexico Supreme Court · 1963
- Salitan v. CarrilloNew Mexico Supreme Court · 1961
- Bourgeious v. Santa Fe Trail Stages, Inc.New Mexico Supreme Court · 1939
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3Cited by4 opinions
- Herrera v. Springer CorporationNew Mexico Court of Appeals · 1973
- Gengler v. PhelpsNew Mexico Court of Appeals · 1976
- Gengler v. PhelpsNew Mexico Court of Appeals · 1976
- Herrera v. Springer CorporationNew Mexico Court of Appeals · 1973