El Capitan Land & Cattle Co. v. Lees
New Mexico Supreme Court
Error from the district court of Lincoln county before Edward A. Mann, and Ww. H. Pope, Associate Justices. The defendant in an action at law may jilead an equitable defense. Sec. 507, Code of Civil Procedure of New York; Sub-Section 41 of Art. 4 of Code of , Procedure, New Mexico; Dobson v. Pearce, 12 N. Y. 156 at p. 164; Bank of China v. Morse, 44 App. Div. 435, N. Y.; Madison v. Benedict, 73 App. Div. 112, N: Y.; Wendling v. Pierce, 27, App.
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Error from the district court of Lincoln county before Edward A. Mann, and Ww. H. Pope, Associate Justices. The defendant in an action at law may jilead an equitable defense. Sec. 507, Code of Civil Procedure of New York; Sub-Section 41 of Art. 4 of Code of , Procedure, New Mexico; Dobson v. Pearce, 12 N. Y. 156 at p. 164; Bank of China v. Morse, 44 App. Div. 435, N. Y.; Madison v. Benedict, 73 App. Div. 112, N: Y.; Wendling v. Pierce, 27, App. Div. 517; McGean v. The Metropolitan Elevated Ity. Go. 133 N. Y. 9; Dada v. Piper, 4-1 Hun. 254, p. 255. The power of -a court of equity to set aside…
1Opinion of the Court
OPINION OP THE COURT.
M’FIE, J.
— The first and second assignments of error are based upon the first six paragraphs of the answer which seeks to set up a misnomer in the Kansas case, as a defense in the present suit.
The plaintiff in error denies that the Kansas judgment was rendered against it, because that judgment was rendered against the “El Capitan Land & Cattle Company*’ 'instead of the “El Capitan Land & Cattle Company of - NeW ’Mexico.”
1 The complaint in the present case contains an allegation that the corporation sued in this case is the identical one sued and against which the judgment…
2Cases cited12 opinions
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Marshall v. HolmesSupreme Court of the United States · 1891
- Christmas v. RussellSupreme Court of the United States · 1866
- In re Estate of GriffithCalifornia Supreme Court · 1890
- Pape v. Capitol BankSupreme Court of Kansas · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bleakley v. BarclaySupreme Court of Kansas · 1907
- Day v. TriggNew Mexico Supreme Court · 1922
- McGee v. RodriquezNew Mexico Court of Appeals · 1987