Pecos Valley Lumber Co. v. Freidenbloom
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. Action by the Pecos Valley Lumber Company against George Freidenbloom. Judgment against defendant by default, defendant’s motion to set aside a sale under execution on condition, and plaintiff appeals. Whether liens existed on property or not there was no fraud or impropriety in advertising property for sale subject to them.
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Appeal from District Court, Chaves County; McClure, Judge. Action by the Pecos Valley Lumber Company against George Freidenbloom. Judgment against defendant by default, defendant’s motion to set aside a sale under execution on condition, and plaintiff appeals. Whether liens existed on property or not there was no fraud or impropriety in advertising property for sale subject to them. Daugherty v. Gangloff, 144 S. W. 434; Cake v. Cake, 26 Atl. 781; Hardwick v. Jones, 65 Mo. 54. Where the judgment debtor is absent from the jurisdiction at the time of the issuance of the execution, it is not the…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, C. J.
This action was brought in the dis-court for Chaves county by the Pecos Valley Lumber Company, the appellant, against George Freidenbloom, the appellee, to recover a money judgment for goods sold and delivered. The complaint was filed on April 15, 1915. No answer or pleading having been filed within the time required by law, a default judgment was rendered against appellee by the court on December 21, 1915. The judgment was for $70.55, with interest at 6 per cent, from November 15, 1915, until paid. Thereafter, execution was issued and delivered to the…
2Cases cited14 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Joseph Davis, Cory & Co. v. Chicago Dock Co.Illinois Supreme Court · 1889
- Smith v. RandallCalifornia Supreme Court · 1856
- White v. FarleySupreme Court of Alabama · 1886
- Cook v. de la GarzaTexas Supreme Court · 1855
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3Cited by3 opinions
- Gonzalez v. GonzalezNew Mexico Court of Appeals · 1985
- Inman v. BrownNew Mexico Supreme Court · 1955
- Columbus Electric Cooperative, Inc. v. BrownNew Mexico Supreme Court · 1966