Legal Opinion

Prichard v. Fulmer

New Mexico Supreme Court

Decided September 15, 1919No. 2284PublishedCited by 6 opinions

Appeal from District Court, Lincoln County; Medler, Judge. Suit by George W. Prichard against J. H. Fulmer, Jr., and others. Demurrer to complaint sustained and judgment of dismissal entered, and plaintiff appeals. Appellant’s right to compensation accrued' and the statute began to run when the services were rendered and completed. Harrison v. Hall, 8 Mo. App. 167; Iialev Ard. 48 Pa. St. 22 (approved in Mosgrove v. Golden, 101 Pa.

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Appeal from District Court, Lincoln County; Medler, Judge. Suit by George W. Prichard against J. H. Fulmer, Jr., and others. Demurrer to complaint sustained and judgment of dismissal entered, and plaintiff appeals. Appellant’s right to compensation accrued' and the statute began to run when the services were rendered and completed. Harrison v. Hall, 8 Mo. App. 167; Iialev Ard. 48 Pa. St. 22 (approved in Mosgrove v. Golden, 101 Pa. St. 605); Jones v. Lewis, 11 Tex. 359; 33 Cent. Dig. tit. “Limitation of Actions,” Sec. 275. The same doctrine prevails in England, Coburn v. Colledge, (1897) 1 Q.…

1Opinion of the Court

OPINION OF THE COURT.

RAYNOLDS, J.

This is a suit for attorney’s fees alleged to be due the plaintiff for legal services in the foreclosure for the defendant of a mortgage against the Eagle Mining & Improvement Company. To the complaint defendant interposed a demurrer pleading the four-year statute of limitations, jwhich demurrer was sustained by tbe court. Tbe plaintiff having elected to stand upon his complaint and refusing to plead further, a judgment of dismissal was entered. From the judgment of dismissal this appeal is taken.

[1, 2] Plaintiff alleges in his complaint:

"That the plaintiff,…

2Cases cited2 opinions

  1. James v. Board of CommissionersNew Mexico Supreme Court · 1918
  2. Woods v. FambroughNew Mexico Supreme Court · 1918

3Cited by6 opinions

  1. Sena v. SandersNew Mexico Supreme Court · 1950
  2. Bezemek v. BalduiniNew Mexico Supreme Court · 1922
  3. Park v. MilliganNew Mexico Supreme Court · 1921
  4. Wilson v. WilsonSupreme Court of Kansas · 1938
  5. Ex parte MartinCourt of Criminal Appeals of Texas · 1932

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