Legal Opinion
Morris Ex Rel. Morris v. Fitzgerald
New Mexico Supreme Court
Decided September 23, 1963No. 7210PublishedCited by 23 opinions
1Opinion of the Court
MOISE, Justice.
From a judgment dismissing plaintiffs’ action they prosecute this appeal.
Suit was filed July 31, 1959, against W. M. Fitzgerald, Alton Fitzgerald and Robert E. Parker. They answered on August 24, 1959. Thereafter, for a short time, there was fairly continuous activity in the case looking to discovery. Aside from such activities, the record discloses that on September 4, 1959, a motion to dismiss the complaint on the ground that it failed to state a cause of action was filed. This motion was overruled on August 4, 1960.
On March 24, 1960, a motion was filed to amend the complaint…
2Cases cited20 opinions
- Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Blache v. BlacheCalifornia Supreme Court · 1951
- Stout v. OliveiraCourt of Appeals of Texas · 1941
- Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1936
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State Ex Rel. Reynolds v. Molybdenum Corp. of AmericaNew Mexico Supreme Court · 1972
- Benally v. PigmanNew Mexico Supreme Court · 1967
- Sender v. MontoyaNew Mexico Supreme Court · 1963
- Briesmeister v. MedinaNew Mexico Supreme Court · 1966
- Reger Ex Rel. Reger v. PrestonNew Mexico Supreme Court · 1966
18 more not listed; retrieve them via the Exa API.