New Mexico National Bank v. Brooks
New Mexico Supreme Court
Error, from a judgment for defendant on Ms intervening petition claiming’ the fund attached as exempt, to the Fifth Judicial District Court, Socorro County. The facts are stated in the opinion of the court. The principal question presented here is as to the jurisdiction of the district court, the defendant claiming below that he was not a party to the garnishment proceedings as no formal notice was given to him.
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Error, from a judgment for defendant on Ms intervening petition claiming’ the fund attached as exempt, to the Fifth Judicial District Court, Socorro County. The facts are stated in the opinion of the court. The principal question presented here is as to the jurisdiction of the district court, the defendant claiming below that he was not a party to the garnishment proceedings as no formal notice was given to him. The only notice he was entitled to was the demand provided for by Comp. Laws, 1884, sec. 2159, which was given him.- Defendant is not entitled to notice of garnishment proceedings,…
1Opinion of the CourtLahghlin, J.
On June 6, 1894, the plaintiff, the-New Mexico National Bank, recovered a judgment in the district court for Socorro county against the defendant, George L. Brooks, for $10,734.32 and costs. On April 27, 1896, execution was issued directed to the sheriff of Bernalillo county,, who called upon defendant to pay the same, or to show sufficient goods, chattels, effects 'and lands whereof the same might be satisfied, which defendant failed to do, and the sheriff, failing to find property of defendant, at the request of plaintiff' served the Atchison, Topeka & Santa Ee Railroad Company with…
2Cases cited11 opinions
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- Rector v. RottonNebraska Supreme Court · 1874
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- United States v. RentzDistrict Court, N.D. Iowa · 1962
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