Minor v. Marshall
New Mexico Supreme Court
Appeal, from a judgment in favor of defendant, from the Third Judicial District Court, Sierra County. Freeman, J., dissenting. The facts are stated in the opinion of the court.
1Opinion of the CourtSeeds, J.
This is a suit in equity brought to foreclose a number of liens filed against the ‘ ‘Humming Bird” mine, in the county of Sierra, as allowable under section 1532 of the Compiled Laws of 1884 of this territory. To the bill there was interposed a demurrer, which was sustained by the lower court and the bill dismissed. The plaintiffs assigned various grounds of error growing out of the sustaining the demurrer. It might be stated here that it would be a better practice for the trial judge, in passing upon a demurrer which is predicated upon various grounds, to specifically state and have it made…
2Cases cited3 opinions
- Davis v. AlvordSupreme Court of the United States · 1877
- Hooper v. FloodCalifornia Supreme Court · 1880
- Arata v. Tellerium Gold & Silver Mining Co.California Supreme Court · 1884
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