Watters v. Treasure Mining Co.
New Mexico Supreme Court
Appeal .from District Court, Socorro Comity; M'. C. Mechem, Judge. Action by Thomas E. Watters, as trustee, against the Treasure Mining Company and others. From judgment for plaintiff, defendants appeal. The persons not made parties were drawn into this litigation only incidentally. Those parties were ’omitted by inadvertence. The statute does not require that copy of assignments of error be served on or before- the return day.
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Appeal .from District Court, Socorro Comity; M'. C. Mechem, Judge. Action by Thomas E. Watters, as trustee, against the Treasure Mining Company and others. From judgment for plaintiff, defendants appeal. The persons not made parties were drawn into this litigation only incidentally. Those parties were ’omitted by inadvertence. The statute does not require that copy of assignments of error be served on or before- the return day. Sec. 4490, Code 1915. The rule of joinder of parties on appeal is now governed by sections 4473, 4474, 4475, 4476, 4482, 4176. Canavan v. Canavan, 17 N. M. 503; N. M..…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
The plaintiff below, appellee here, has moved to dismiss the appeal for nonjoinder of necessary parties, both as appellants and appellees. It is pointed ont in the motion that the transcript shows that two defendants and three other defendants, as copartners, appeared in the cause, and filed their answers, setting forth and claiming liens upon the mortgaged property, and were, by the findings and judgment of the district court from which this appeal is taken, adjudged and decreed to have liens upon the mortgaged property, two of them prior and superior to the…
Also in this document: Concurrence.
2Cases cited6 opinions
- French Livestock Co. v. Harney CountyOregon Supreme Court · 1899
- State ex rel. Blair v. Garnett Mining Co.Missouri Court of Appeals · 1913
- Watson v. Noonday Mining Co.Oregon Supreme Court · 1900
- State ex rel. Divelbiss v. RaynoldsNew Mexico Supreme Court · 1913
- Deal v. Western Clay & Gypsum Products Co.New Mexico Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Thelma Oil & Gas Co. v. Sinclair Gulf Oil Co.Supreme Court of Oklahoma · 1924
- Clark v. RosenwaldNew Mexico Supreme Court · 1924
- Farmers State Bank v. HaunWyoming Supreme Court · 1923