Dye v. Crary
New Mexico Supreme Court
Appeal, from the district court of Socorro county, before Daniel H. McMillen, Associate Justice. The notice in this case did not inform the defendant that his property would be sold to satisfy the judgment that Avould be rendered against him if he failed to appear. Smith v. Montoya, 3 N. M. 13, 22 and 23; Comp. Laws, sec. 2701. As to the attachment affidavits.
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Appeal, from the district court of Socorro county, before Daniel H. McMillen, Associate Justice. The notice in this case did not inform the defendant that his property would be sold to satisfy the judgment that Avould be rendered against him if he failed to appear. Smith v. Montoya, 3 N. M. 13, 22 and 23; Comp. Laws, sec. 2701. As to the attachment affidavits. Drake on Attachments, sec. 440; Durrasett’s Aclm., v. Hale, 38 Mo. 346; Atkins v. Arnick, 25 Mo. 404. Notice by publication should notify the defendant that his property has been attached. Smith v. Montoya, supra; Durrassett’s Admr. v.…
1Opinion of the Court
OPINION OF THE COURT.
BAKER, J.
If the court acquired jurisdiction of the subject-matter in this case all the irregularities complained of must be "brushed aside. Voorhees v. U. S. Bank, 35 U. S. 447; Cooper v. Reynolds, 77 U. S. 308. If the alias writ- of attachment was lawfully issued the court in Taliaferro v. Dye had jurisdiction of 'the rom and power to order the sale, of the property attached. Was the alias writ of attachment issued by authority of law ? The answer to this question must settle the controversy in this case. The Legislature has undertaken to give us an attachment procedure.…
2Cases cited2 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Thomas D. Owings, in Error v. Luke Tiernan's LesseeSupreme Court of the United States · 1836
3Cited by5 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Crary v. DyeSupreme Court of the United States · 1908
- Dye v. CraryNew Mexico Supreme Court · 1906
- Larkin v. Folsom Town and Investment CompanyNew Mexico Supreme Court · 1956
- Mosley v. Magnolia Petroleum Co.New Mexico Supreme Court · 1941