Lamy v. Remuson
New Mexico Supreme Court
Error to the District Court of Rio Arriba county, Pbince, J. This is an action of replevin brought by plaintiff in the district court for the county of Rio Arriba, first judicial district of New Mexico, for the recovery of the following mentioned property, to wit: “ One chalice or communion cup, one ciborium, and one remonstrance that were heretofore used in the catholic church in Santa Cruz.” This writ was returnable at the September term, 1880, of said court.
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Error to the District Court of Rio Arriba county, Pbince, J. This is an action of replevin brought by plaintiff in the district court for the county of Rio Arriba, first judicial district of New Mexico, for the recovery of the following mentioned property, to wit: “ One chalice or communion cup, one ciborium, and one remonstrance that were heretofore used in the catholic church in Santa Cruz.” This writ was returnable at the September term, 1880, of said court. At the return term of said court, and before any return of the writ of replevin by the sheriff had been made, the plaintiff, by his…
1Opinion of the Court
Parks, Associate Justice:
This court cannot discuss at length all the questions raised before it by assignment of errors or otherwise. In the present case a brief ruling is all that is necessary. Upon the record the court holds :
1st. The writ of replevin sued out in this case by the plaintiff was his suit, and to a very considerable extent under his control. The primary object was the possession of the property in dispute. It was the duty of the plaintiff to know, before he compelled the defendant to plead, what had been done with the writ and the property. On his motion the defendant was…
2Cited by1 opinion
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