State ex rel. Meyers Co. v. Raynolds
New Mexico Supreme Court
Original mandamus by the State of New Mexico, on relation of the Meyers Company, against Herbert E. Baynolds, Judge, etc. STATEMENT OP PACTS. This is an action in mandamus, brought in this court on the relation of the Meyers Companjq against Hon, Herbert F. Eaynolds, district judge of the Second judicial district.
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Original mandamus by the State of New Mexico, on relation of the Meyers Company, against Herbert E. Baynolds, Judge, etc. STATEMENT OP PACTS. This is an action in mandamus, brought in this court on the relation of the Meyers Companjq against Hon, Herbert F. Eaynolds, district judge of the Second judicial district. The petition for the writ, without referring to formal matters, is predicated upon the following facts: On April 8, 1914, a complaint was filed in the district court of Bernalillo county by Ernest Meyers against the Meyers Company. About a year later an amended complaint in the same…
1DissentEobeets, J.
(Dissenting in part.) If by tbe majority opinion it is the purpose to follow the rule adhered to in Missouri (Smith & Keating Imp. Co. v. Wheeler, 27 Mo. App. 16, and cases cited), and to hold that, where a trial court improperly grants a new trial, the complaining party may protect his right by excepting to the action of the court, and talcing no further part in the cause until final judgment is entered against him, appeal to this court, and secure a review of the action of the court in awarding a new trial, I can concur; for I believe the form of the remedy is not so important so long as a…
2Cases cited6 opinions
- McLaughlin v. . WebsterNew York Court of Appeals · 1894
- Louden v. BirtIndiana Supreme Court · 1853
- Farmers' and Citizens' Bank v. . ShermanNew York Court of Appeals · 1865
- Walker v. CrawfordIllinois Supreme Court · 1870
- Smith & Keating Implement Co. v. WheelerMissouri Court of Appeals · 1887
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