Armijo v. Armijo
New Mexico Court of Appeals
1Opinion of the Court
OPINION
HENDLEY, Judge.
Plaintiff filed an assault and battery complaint against defendant, his brother, on July 23, 1979. Defendant failed to answer, although service upon him was allegedly made. On June 9, 1980, the summons, motion for default, and certificate as to state of the record were filed with the Clerk of the Court. A default judgment was entered the same day, awarding plaintiff $15,-000 compensatory damages.
On August 11, 1981, defendant filed a motion to set aside default judgment, alleging defendant was not served by legal process and, therefore, had no knowledge of the lawsuit…
Also in this document: Concurrence.
2Cases cited7 opinions
- Alford v. United StatesSupreme Court of the United States · 1931
- State v. ManusNew Mexico Supreme Court · 1979
- The OttawaSupreme Court of the United States · 1866
- Springer Corporation v. HerreraNew Mexico Supreme Court · 1973
- Gallegos Ex Rel. Estate of Gallegos v. FranklinNew Mexico Court of Appeals · 1976
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3Cited by11 opinions
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- Cole v. McNeillNew Mexico Court of Appeals · 1984
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