Legal Opinion

Stephenson v. Board of Com'rs

New Mexico Supreme Court

Decided August 10, 1918No. 2196PublishedCited by 4 opinions

Appeal from District Court, Socorro County; Mechera, Judge. Replevin by Bessie G. Stephenson against the Board of Commissioners of Socorro county. From an order striking defendant’s motion to quash the writ, defendant appeals. STATEMENT OP PACTS.

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Appeal from District Court, Socorro County; Mechera, Judge. Replevin by Bessie G. Stephenson against the Board of Commissioners of Socorro county. From an order striking defendant’s motion to quash the writ, defendant appeals. STATEMENT OP PACTS. This is an action in replevin instituted by the appellee, as plaintiff in the trial court, against the board of county commissioners of Socorro county, seeking to secure the possession of two certain county warrants which have been issued .by said board of county commissioners to John H. Sanford .and duly assigned by said Sanford to A. R. Macdonell…

1Opinion of the Court

OPINION OP THE COURT.

HANNA, C. J.

(after stating the facts as above.) It is apparent from the facts stated that an appeal has been prayed for and allowed from an interlocutory order of the trial court. It is provided1 by section 2 of chapter 43, Laws 1917, that an appeal shall be allowed by the district court and entertained by the supreme court, from interlocutory judgments, orders or decisions of the district courts which practically dispose of the merits of the action, so that any further proceeding therein would be only to carry into effect such interlocutory judgment, order, or decision.…

2Cited by4 opinions

  1. Cornett v. FulferNew Mexico Supreme Court · 1920
  2. Winans v. BryanNew Mexico Supreme Court · 1928
  3. Griffin v. JonesNew Mexico Supreme Court · 1919
  4. Wanser v. FuquaNew Mexico Supreme Court · 1942

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