Legal Opinion · Dissent

Moya v. DeBaca

District Court, D. New Mexico

Decided July 19, 1968No. Civ. 7271Published

1DissentTheis, District Judge

I find myself in substantial agreement with my fellow judges of the majority in everything said in the well-written opinion preceding. However, I do not think it goes far enough in reaching the factual and legal problem posed before the Court, and I do not agree with their ultimate disposition of this case. Hence, I respectfully dissent from the conclusion of the majority that this cause should be dismissed for failure to state a valid cause of action.

*610Turning to the plaintiffs’ allegations that the provisions of the New Mexico garnishment statutes as administered in the state courts of New…

2Cases cited11 opinions

  1. Griffin v. IllinoisSupreme Court of the United States · 1956
  2. McLaughlin v. FloridaSupreme Court of the United States · 1964
  3. Carrington v. RashSupreme Court of the United States · 1965
  4. Reitman v. MulkeySupreme Court of the United States · 1967
  5. Stambaugh v. HayesNew Mexico Supreme Court · 1940

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