Grunsfeld Bros. v. Brownell
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. The demurrer to the bill should have been sustained, because it appeared therefrom that the complainants had a legal remedy. Albright v. T. S. & R., R. R. Co., 8 N. Mex. 422; Stanton v. Catron, 8 N. Mex. 365; Laswell v. Kitt, 70 Pac. (N. M'.) 561; Scott v. Carlestein Co., 76 Fed. 86; Oelrichs et al. v. Spain, 15 Wall 228; 11 Enc. PI. & Pr., 460 and citations.
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Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. The demurrer to the bill should have been sustained, because it appeared therefrom that the complainants had a legal remedy. Albright v. T. S. & R., R. R. Co., 8 N. Mex. 422; Stanton v. Catron, 8 N. Mex. 365; Laswell v. Kitt, 70 Pac. (N. M'.) 561; Scott v. Carlestein Co., 76 Fed. 86; Oelrichs et al. v. Spain, 15 Wall 228; 11 Enc. PI. & Pr., 460 and citations. The law does not deprive one of the right to sell his property to pay his debts. Slessinger v. Toplcis, 40 At], 717; Ontario Bank y. Hurst,…
1Opinion of the Court
OPINION OF COURT.
MILLS, C. J.
The complaint in this case was filed on July 25, 1898, and was brought under chapter 67, Session Laws of 1889, which is entitled “An act to prevent debtors in contemplation of insolvency from preferring one or more creditors to the exclusion in whole or in part of others.” This law has been compiled as sections 2818 to 2826, inclusive, of the Compiled Laws of 1897.
The principal grounds set up in the several demurrers are that the complaint does not allege (1), that the defendant D. R. Brownell is not possessed of and -does not own property enough to satisfy…
2Cases cited8 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Boese v. KingSupreme Court of the United States · 1883
- In re SieversDistrict Court, E.D. Missouri · 1899
- In re RomanowDistrict Court, D. Massachusetts · 1899
- In re GutwilligDistrict Court, S.D. New York · 1898
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3Cited by11 opinions
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- Congress Cigar Co. v. Grau SandovalSupreme Court of Puerto Rico · 1933
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