Territory of New Mexico v. Mills
New Mexico Supreme Court
Appeal from the District Court for Santa Fe County, before John E. McFie, Associate Justice. Where a surety enters into a joint and several obligation with his principal, the obligee will be entitled to either a joint or several judgment at his election, but he cannot have both, U. S. v. Price, 9 Iiow. 83; U. S. v. Cushman, 2 Summer 240; Sheelry v. Manderville, 6 Cranch 253; Sessions v. Johnson, 95 H. S. 347; H. S. v. Ames, 99 H. S. 35; King v. Hoare, 13 Mees & W. 494;…
Read the full summary
Appeal from the District Court for Santa Fe County, before John E. McFie, Associate Justice. Where a surety enters into a joint and several obligation with his principal, the obligee will be entitled to either a joint or several judgment at his election, but he cannot have both, U. S. v. Price, 9 Iiow. 83; U. S. v. Cushman, 2 Summer 240; Sheelry v. Manderville, 6 Cranch 253; Sessions v. Johnson, 95 H. S. 347; H. S. v. Ames, 99 H. S. 35; King v. Hoare, 13 Mees & W. 494; Robertson v. Smith, 18 Johnson 459; Ward v. Johnson, 13 Mass. 148; Cowley v. Patch, 120 Mass. 137; Smith v. Black, 9 Serg. &…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
'The appellant has assigned thirteen grounds of error by which he attempts to present to this court two reasons for the reversal of the judgment; first, that the judgment rendered against the bank and Santistevan in 1893, on default, was a joint judgment and that by the election of the territory to obtain a joint judgment against the principal and one of the sureties it lost its right to proceed against the appellant. Second, that the appellant was released from liability because the Territory deposited larger sum,s with the bank than the bond indemnified,…
2Cases cited9 opinions
- In re State Treasurer's SettlementNebraska Supreme Court · 1897
- Minturn v. United StatesSupreme Court of the United States · 1882
- Clagett v. SalmonCourt of Appeals of Maryland · 1833
- Bateman Brothers v. MapelCalifornia Supreme Court · 1904
- McAuley v. CooleyNebraska Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Springer Transfer Co. v. Board of Com'rsNew Mexico Supreme Court · 1939