Dailey v. Foster
New Mexico Supreme Court
Appeal from District Court, Bernalillo County. The mere fact that out of an abundance of caution a party takes both methods of getting his case heard is in no wise an election nor does it put him to an election.
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Appeal from District Court, Bernalillo County. The mere fact that out of an abundance of caution a party takes both methods of getting his case heard is in no wise an election nor does it put him to an election. Pullman Palace Oar Co. v. Central Trans: Co. 171 U. S. 138; Huret v. Hollingsworth, 94 H. S. Ill; Fowler v. Continental Casualty Co., 124 Pac. 479; Baca v. Anaya, 14 N. M. 20. "The appellant in ease of appeal” * * * "shall file in the#office of the clerk of the Supreme Court at least ten days before the return day” * * * “as perfect and compílete a transcript of the record and…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
We will first consider the -motior interposed by defendant in error to quash the 'writ of error. The first ground set up in this motion is the failure of the plaintiffs in error to sue out and servé upon defendant in error a citation as required by section- 3 of chapter 57 of the session laws of 1907. This section provides in part: “Whenever a writ of error is sued out-citation shall be issued by the clerk of the supreme court directing and citing the opposite party to appear and answer such writ.” The manner of service is also specified. No citation was…
2Cases cited2 opinions
- Slobodisky v. CurtisNebraska Supreme Court · 1899
- Fowler v. Continental Casualty Co.New Mexico Supreme Court · 1912
3Cited by20 opinions
- State Ex Rel. Valles v. BrownNew Mexico Supreme Court · 1981
- Pankey v. Hot Springs Nat. BankNew Mexico Supreme Court · 1938
- Hammond v. 8th Jud. Dist. Ct., N.M.New Mexico Supreme Court · 1924
- Crowell v. KoppNew Mexico Supreme Court · 1919
- Guthrie v. Threlkeld Co.New Mexico Supreme Court · 1948
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