Costilla Land & Investment Co. v. Allen
New Mexico Supreme Court
Appeal from the District Court of Taos County before John R. McFie, Associate Justice. No briefs filed. STATEMENT OF THE CASE.
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Appeal from the District Court of Taos County before John R. McFie, Associate Justice. No briefs filed. STATEMENT OF THE CASE. The Costilla Land and Investment Company, a corporation, filed their complaint against Allen and others alleging ownership in the south half of what is known as the Sangre de Cristo Grant and further alleging that the defendants ifhave wrongfully and unlawfully slandered the title of your plaintiff and have by false' rumors alleged that said plaintiff has no title to said land and is without title to said portions thereof and has wrongfully and unlawfully claimed that…
1Opinion of the Court
OPINION OF THE COURT.
POPE, C. J.
4 (After making the foregoing statement of the facts). The motion to dismiss the appeal proceeds upon the ground that the action of the court in fining the defendants for contempt is not appealable. It is argued that if the contempt proceedings be deemed criminal and punitive in their nature no appeal lies, since it was held by this court in Marinan v. Baker, 12 N. M. 451, that under C. L. See. 3406 there is no right of appeal in a criminal case except “from a final judgment rendered upon an indictment;” and on the other hand,, if a civil and remedial…
2Cases cited11 opinions
- Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Worden v. SearlsSupreme Court of the United States · 1887
- New Orleans v. Steamship Co.Supreme Court of the United States · 1874
- Matter of Christensen Engineering Co.Supreme Court of the United States · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Bliss v. GreenwoodNew Mexico Supreme Court · 1957
- State v. Magee Pub. Co.New Mexico Supreme Court · 1924
- Torrez v. BradyNew Mexico Supreme Court · 1932
- Seven Rivers Farm, Inc. v. ReynoldsNew Mexico Supreme Court · 1973
- International Minerals & Chemical Corp. v. Local 177, United Stone & Allied Products WorkersNew Mexico Supreme Court · 1964
5 more not listed; retrieve them via the Exa API.