Legal Opinion

Guthrie v. US Lime and Mining Corporation

New Mexico Supreme Court

Decided December 14, 1970No. 9045PublishedCited by 5 opinions

1Opinion of the Court

OPINION

McKENNA, Justice.

The appellant U. S. Lime and Mining Corporation, the defendant below, seeks to set aside a default judgment granted to the appellee pursuant to its motion under Rule 60(b) (§ 21-1-1(60) (b), N.M.S.A. 1953). The court after hearing the evidence found that the defendant failed to establish inadvertence or excusable neglect or that it had a good and valid defense to the cause of action and denied the motion provided a certain credit was given to the appellant on the amount of the judgment.

For its argument, the appellant says the district court abused its discretionary…

2Cases cited4 opinions

  1. Rogers v. Lyle Adjustment CompanyNew Mexico Supreme Court · 1962
  2. Wooley v. WickerNew Mexico Supreme Court · 1965
  3. Weisberg v. GarciaNew Mexico Supreme Court · 1965
  4. Conejos County Lumber Co. v. Citizens Savings & Loan Ass'nNew Mexico Supreme Court · 1969

3Cited by5 opinions

  1. Herrera v. Springer CorporationNew Mexico Court of Appeals · 1973
  2. Freedman v. PereaNew Mexico Supreme Court · 1973
  3. Click v. Litho Supply Co.New Mexico Supreme Court · 1981
  4. Brown v. Lufkin Foundry & Machine Co.New Mexico Court of Appeals · 1971
  5. Herrera v. Springer CorporationNew Mexico Court of Appeals · 1973

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