Brasswell v. Halliburton
New Mexico Supreme Court
Appeal from District Court, Curry County; Merritt C. Mechem, Presiding Judge. Notice to vacate. Chap. 32, 1901; 126 Ilh 18; 23 111. App. 552; 19 Cyc. 1147; 1 Col. 177; 23 Neb. 257; 24 111. 192; 6 Old. 328; 2 N. M. 108; 5 N. M. 406, 404;. 11 N. M. 447, 346. STATEMENT OP PACTS.
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Appeal from District Court, Curry County; Merritt C. Mechem, Presiding Judge. Notice to vacate. Chap. 32, 1901; 126 Ilh 18; 23 111. App. 552; 19 Cyc. 1147; 1 Col. 177; 23 Neb. 257; 24 111. 192; 6 Old. 328; 2 N. M. 108; 5 N. M. 406, 404;. 11 N. M. 447, 346. STATEMENT OP PACTS. This is an action in forcible entry and unlawful detainer, instituted by appellee before the justice of the* peace of Precinct No. 1 of Curry County, New Mexico, on December 30, 1913. The lands alleged to have been forcibly entered upon and tinlawfully detained are situated in Section 33, Township 2, North of Eange 36,…
1Opinion of the Court
OPINION.
HANNA, J.
The motion for a judgment non obstante veredicto, among other grounds therefor, which we find it unnecessary to pass upon, was based upon the 'ground that the justice court had no jurisdiction to try the case because the land was and is situated in Precinct No. 9, and not in Precinct No. 1, where the cause was instituted and that jurisdiction was not and could not be affirmatively shown. And that said justice of the peace court in Precinct No. 1, being without jurisdiction, the district court and this court is without jurisdiction to entertain the cause.
The proceeding is…
2Cited by2 opinions
- Bell v. BeckNew Mexico Supreme Court · 1939
- Tietjen v. McCoyNew Mexico Supreme Court · 1918