Perea v. Colorado National Bank
New Mexico Supreme Court
Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo County. STATEMENT. The plaintiff in error was, on the eleventh day of June, 1887, summoned as the garnishee of Jesus M. Perea, his brother, under an execution issued out of the district court for Bernalillo county upon a judgment of that court in favor of defendant in error and against said Jesus M. Perea for $4,794.90, rendered on the third day of May, 1887. At the September term, 1887,…
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Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo County. STATEMENT. The plaintiff in error was, on the eleventh day of June, 1887, summoned as the garnishee of Jesus M. Perea, his brother, under an execution issued out of the district court for Bernalillo county upon a judgment of that court in favor of defendant in error and against said Jesus M. Perea for $4,794.90, rendered on the third day of May, 1887. At the September term, 1887, allegations were filed setting up that the garnishee had received twenty thousand head of sheep from the judgment…
1Opinion of the Court
OPINION.
Lee, J.
garnishment: answer: issue, This was a garnishment proceeding under an execution, as provided for by section 2159 of the Compiled Laws of the territory, which rea(js as follows: “When any execution shall be placed in the hands of any officer for collection he shall call upon the defendant for payment thereof, or to show him sufficient goods, chattels, effects, and lands whereof the same may be satisfied; and if the officer fail to find property sufficient to make the same he shall notify all persons who may be indebted to said defendant not to pay said defendant, but to appear…
2Cases cited34 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- Hodges v. EastonSupreme Court of the United States · 1882
- McDonald v. HoveySupreme Court of the United States · 1884
- Patterson v. United StatesSupreme Court of the United States · 1817
- Nugent v. the SupervisorsSupreme Court of the United States · 1874
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