Mozley v. Potteiger

I am unable to concur in the opinion of the court. In reviewing the lower court’s action, I take it we should be guided by the rule stated in State Trust & Savings Bank et al. v. Hermosa L. & C. Co., 30 N. M. 566, 240 P. 469, 477, as follows: “Our review is for the correction of an erroneous result, rather than merely to approve or disapprove the grounds on which it is based.”

The trial court correctly designated the complaint in this ca-se as “an ordinary bill in equity seeking the foreclosure of a mechanic’s lien, and praying for a deficiency judgment.” If the trial court’s interpretation of…