Evants v. Taylor
New Mexico Supreme Court
Appeal from the District Court of Eddy County; John T. McClure, District Judge; Court erred in sustaining plaintiff’s motion for judgment on the pleadings. Laws 1907, ch. 107, sec. 3 of sub-sec. 308; amending sub-sec. 62 of see. 2685, C. L. 1897. Amendments to pleadings should be liberally allowed in the furtherance of justice.
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Appeal from the District Court of Eddy County; John T. McClure, District Judge; Court erred in sustaining plaintiff’s motion for judgment on the pleadings. Laws 1907, ch. 107, sec. 3 of sub-sec. 308; amending sub-sec. 62 of see. 2685, C. L. 1897. Amendments to pleadings should be liberally allowed in the furtherance of justice. Snider v. Winslow, 93 Pac. 600; Kindall v. Lincoln Hardware & Implement Co., 76 Pac. 992. Where the pleadings raise a material question of fact which must be determined before a judgment can be rendered, a motion for judgment on the pleadings should be denied. Thomas…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, District Judge —
1 The question presented is: Will a surety on a note sued on by the original payee, given by an infant for the purchase price of real estate conveyed by the payee of the note to the infant, be discharged from liability, where the principal on coming of age, disaffirms the deed conveying the real estate and tenders back a deed to the payee? Tf the late infant on arriving at his majority 'may disaffirm the deed and if such disaffirmance renders it void ab initio, propositions not questioned, and if the deed tendered vests the payee in all that he…
2Cases cited3 opinions
- Baker v. KennettSupreme Court of Missouri · 1873
- Kyger v. SipeSupreme Court of Virginia · 1882
- Keokuk County State Bank v. HallSupreme Court of Iowa · 1898
3Cited by7 opinions
- Stanhope v. ShambowMontana Supreme Court · 1918
- Germaine v. CramerDistrict of Columbia Court of Appeals · 1949
- Sisneros v. GarciaNew Mexico Supreme Court · 1980
- Worthington v. TiptonNew Mexico Supreme Court · 1918
- Lagerquist v. Bankers Bond & Mortgage Guaranty Co.Supreme Court of Iowa · 1925
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