Leusch v. Nickel
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A'. Abbott, Associate Justice. If sufficient affidavit is not filed, the attachment writ and all proceedings under it are void.
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Appeal from the District Court for Bernalillo County, before Ira A'. Abbott, Associate Justice. If sufficient affidavit is not filed, the attachment writ and all proceedings under it are void. Gowan v. Hawson, 55 Wis. 341, 13 N. W. 238; Riegelman v. Streisguth, 75 Wis. 212, 43 N W. 1116; Mentzer v. Ellison, 43 Pac. 464, Colo.; Summers v. Allen, 28 S. E. 787; Reed v. McCloud, 18 S. E. 924; 18 S. E. 753; 15 S. E. 977; Laws 1907, p. 270; Meyers v. Black, 4 N. M. 352; Torlina v. Trorlicht, C N M. 54; Evans v. Tucker, 59 Tex. 249; 4 Cyc. 497, 508; Staab v. Hersch, 3 N M. 153, 3 Pac. 248;…
1Opinion of the Court
OPINION OP THE COURT.
McFIE, J.
1 There are six assignments of error contended for by the appellants, but under the views of the law and facts taken by this court it will not be necessary for the court to consider all of these assignments. While it may be true that some of the motions made by counsel for the defendants during the early stages of the case might have been considered well founded, if the same had been pressed and relied upon and preserved so as to be available on appeal, we are of the opinion that both as to the attachment issue and the judgment upon the indebtedness, the…
2Cases cited6 opinions
- United States v. AmesSupreme Court of the United States · 1879
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Ferguson v. GlidewellSupreme Court of Arkansas · 1886
- Rachelman v. SkinnerSupreme Court of Minnesota · 1891
- Fox v. MackenzieNorth Dakota Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Albright v. AlbrightNew Mexico Supreme Court · 1916
- Cabot v. First National Bank of Santa FeNew Mexico Supreme Court · 1970