Legal Opinion

Milliken v. Martinez

New Mexico Supreme Court

Decided June 28, 1916No. 1838PublishedCited by 5 opinions

Appeal from District Court, Colfax County; T. D. Leib, Judge. Action by Jennie Milliken against Juan C. Martinez and wife, in which John King intervened. From the judgment, intervener appeals.

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, C. J.-

This action was originally instituted in the court below by the appellee Jennie Milliken, against Juan C. Martinez and 'Juanita B. ¡Martinez, in replevin, to recover the possession of 1041 head of ewes. The complaint was based upon section 4340, Code 1915, which gives to any person having a right to the immediate possession of any goods or chattels wrongfully taken, or wrongfully detained, the right to bring an action in replevin for the recovery thereof and for damages sustained by reason of the unlawful caption or detention thereof. A writ of replevin was…

2Cases cited2 opinions

  1. City of Tucumcari v. BelmoreNew Mexico Supreme Court · 1913
  2. State ex rel. Baca v. Board of CommissionersNew Mexico Supreme Court · 1916

3Cited by5 opinions

  1. Williard v. CampbellMontana Supreme Court · 1932
  2. State v. AnayaNew Mexico Supreme Court · 1922
  3. Encino State Bank v. TenorioNew Mexico Supreme Court · 1922
  4. Irick v. ElkinsNew Mexico Supreme Court · 1933
  5. Rogers v. HerbstNew Mexico Supreme Court · 1919

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