Priest v. Board of Trustees
New Mexico Supreme Court
Appeal from the District Court for San Miguel County, before William J. Mills, Chief Justice. Mandamus is appropriate remedy. C. L. 1897, sec. 2716; Laws 1903, p. 73, sec. 7; Walkley v. City of Muscatine, 6 Wall. 481; La Grange v. State'Treasurer, 24 Mich. 469. • A judgment on default is as conclusive against collateral attack as any other form of judgment.
Read the full summary
Appeal from the District Court for San Miguel County, before William J. Mills, Chief Justice. Mandamus is appropriate remedy. C. L. 1897, sec. 2716; Laws 1903, p. 73, sec. 7; Walkley v. City of Muscatine, 6 Wall. 481; La Grange v. State'Treasurer, 24 Mich. 469. • A judgment on default is as conclusive against collateral attack as any other form of judgment. Ruppin v. McLachlin, 98 N. W. Rep. 153; 23 Cyc. 1077; Noble-v. Union River Logging R. R., 147 H. S. 165; Hahn v. Kelly, 34 Cal. 391; Iluling v. Kaw Valley Ry., 130 H. S. 559; High on Ex. Legal Rem., 2 ed., sec. 396; Mayor v. Lord, 9 Wall.…
1Opinion of the Court
OPINION OF THE COURT.
POPE, C. J.
The appellants, Priest, Quick and Benjamin, brought proceedings in the -district court of San Miguel county to require the Board of Trustees of the Town of Las Vegas to execute to them a deed for a tract of land forming a part of what is known as the Las Vegas Jjand Grant. The petition is entitled one for mandamus, but it partakes in form rather of a petition to the court for an order on the trustees (who under the law are appointees of the court) to execute a deed. The petition sets forth as the basis of the claim a certain decree rendered in the district…
2Cases cited2 opinions
- Maese v. HermanSupreme Court of the United States · 1902
- Ware v. EastonSupreme Court of Minnesota · 1891
3Cited by12 opinions
- Pankey v. OrtizNew Mexico Supreme Court · 1921
- Rodriguez v. La Cueva Ranch Co.New Mexico Supreme Court · 1912
- Lopez v. AdamsNew Mexico Court of Appeals · 1993
- Harlan v. SparksCourt of Appeals for the Tenth Circuit · 1942
- Murray Hotel Co. v. GoldingNew Mexico Supreme Court · 1950
7 more not listed; retrieve them via the Exa API.