Strong v. Eakin
New Mexico Supreme Court
Appeal from tbe district court of- Bernalillo county, before J. W. Ckumpackek, A. J. STATEMENT OF FACTS. This cause was tried by the court, jury being waived. At the conclusion of the plaintiff’s evidence, defendants’ counsel moved the court to find the issues for the defendants and dismiss the complaint, which motion was sustained by the court and judgment was rendered dis-fnissing the complaint and for costs against the plaintiff.
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Appeal from tbe district court of- Bernalillo county, before J. W. Ckumpackek, A. J. STATEMENT OF FACTS. This cause was tried by the court, jury being waived. At the conclusion of the plaintiff’s evidence, defendants’ counsel moved the court to find the issues for the defendants and dismiss the complaint, which motion was sustained by the court and judgment was rendered dis-fnissing the complaint and for costs against the plaintiff. From this judgment the plaintiff was granted and perfected an appeal to this court. The facts disclosed by the record, are, that defendants, James D. Eakin and…
1Opinion of the Court
OPINION OP THE CÓUKT.
MoFIE, J.
From the facts above stated, it is evident that the controversy involves the one-half interest in the property and assets of the firm of Melini & Eakin, not claimed by Melini, and over and above the indebtedness of said firm. The plaintiff seeks to subject this property to the payment of the judgments above referred to and which are alleged to be indebtedness of the marriage community of James D. and Mattie L. Eakin, upon the ground that such property is community property, being in the name of Mattie L. Eakin, one of the spouses of the marriage community of…
2Cases cited23 opinions
- Yesler v. HochstettlerWashington Supreme Court · 1892
- Moody v. SmootTexas Supreme Court · 1890
- Meyer v. KinzerCalifornia Supreme Court · 1859
- Oregon Improvement Co. v. SagmeisterWashington Supreme Court · 1892
- Calhoun v. LearyWashington Supreme Court · 1893
18 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Cosper v. the Valley BankArizona Supreme Court · 1925
- Campbell v. CampbellNew Mexico Supreme Court · 1957
- In Re White's EstateNew Mexico Supreme Court · 1937
- Hollingsworth v. HicksNew Mexico Supreme Court · 1953
25 more not listed; retrieve them via the Exa API.