Legal Opinion

Pople v. Orekar

New Mexico Supreme Court

Decided October 7, 1916No. 1883PublishedCited by 21 opinions

Appeal from District Court, Colfax County; T. D. Leib, Judge. Action by George W. Pople against John Orekar. From judgment for plaintiff, defendant appeals. STATEMENT OF FACTS. This is an action in equity to foreclose a mechanic’s lien, arising in connection with the erection of a twot story brick building in the city of Raton.

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Appeal from District Court, Colfax County; T. D. Leib, Judge. Action by George W. Pople against John Orekar. From judgment for plaintiff, defendant appeals. STATEMENT OF FACTS. This is an action in equity to foreclose a mechanic’s lien, arising in connection with the erection of a twot story brick building in the city of Raton. Appellant demurred to the complaint, subsequently answering and setting up a counterclaim and alleged waiver of the lien, to which appellee replied, asserting an absence of consideration for the waiver and fraud in its procurement. To the reply appellant demurred, but…

1Opinion of the Court

OPINION OF THE COURT.

HANNA, J.

(after stating the facts as above.) — [1] The appellee moves to strike the bill of exceptions because an order of the trial court filed upon the 4th day of December, 1915, extending the time for signing and settling the bill of exceptions to the 6th day of December, 1915, and further an order of the court granting the defendant an extension of time within which to file the transcript of record in the- Supreme Court until the 17th day of December, 1915, were improvidently entered, and not within the statutory requirements governing such ex-, tensions of time, the…

2Cases cited4 opinions

  1. Albright v. AlbrightNew Mexico Supreme Court · 1916
  2. B. S. Green Co. v. BlodgettIllinois Supreme Court · 1895
  3. Costilla Land & Development Co. v. AllenNew Mexico Supreme Court · 1912
  4. Enderstein v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1916

3Cited by21 opinions

  1. Hoge v. Farmers Market & Supply Co. of Las Cruces, Inc.New Mexico Supreme Court · 1956
  2. Candelaria v. RobinsonNew Mexico Court of Appeals · 1980
  3. Alford v. RowellNew Mexico Supreme Court · 1940
  4. Davis v. CampbellNew Mexico Supreme Court · 1948
  5. Primus v. ClarkNew Mexico Supreme Court · 1954

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