Legal Opinion

Rogers v. Garde

New Mexico Supreme Court

Decided February 6, 1928No. 3207PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

WATSON, J.

Appellee and one Fields recovered and owned a judgment against appellant and others. Fields assigned his interest in the judgment to appellee, who sued to revive it. Appellant’s demurrer was overruled and judgment rendered. The appeal raises the question of the correctness of the ruling on the demurrer.

Three errors were assigned, but the first two have been expressly abandoned. The third goes to the overruling of appellant’s contention of a defect of parties. The contention is that the assignment did not authorize appellee to sue in his own name. The argument is…

2Cases cited2 opinions

  1. Barnett v. WedgewoodNew Mexico Supreme Court · 1922
  2. Fowler v. Continental Casualty Co.New Mexico Supreme Court · 1912

3Cited by7 opinions

  1. Bagwell v. Shady Grove Truck StopNew Mexico Court of Appeals · 1986
  2. Holman v. Oriental RefineryNew Mexico Supreme Court · 1965
  3. Anderson v. Jenkins Construction Co.New Mexico Court of Appeals · 1971
  4. Constructors, Ltd. v. GarciaNew Mexico Supreme Court · 1974
  5. Miller v. Connecticut General Life Insurance Co.New Mexico Court of Appeals · 1972

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