Legal Opinion

Crolot v. Maloy

New Mexico Supreme Court

Decided January 14, 1882PublishedCited by 6 opinions

Appeal from tbe District Court of Santa Fe county. This is an action brought by attachment before a justice of the peace in Santa Fe county, taken from that court by appeal to the district court, said county, and thence by appeal to this court. Claim was made for ninety-nine dollars for money received by said defendant belonging to plaintiff., Judgment in district court was for full amount claimed.

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Appeal from tbe District Court of Santa Fe county. This is an action brought by attachment before a justice of the peace in Santa Fe county, taken from that court by appeal to the district court, said county, and thence by appeal to this court. Claim was made for ninety-nine dollars for money received by said defendant belonging to plaintiff., Judgment in district court was for full amount claimed. The plaintiff below was the only witness to sustain claim, and upon his testimony alone the truth or falsity of the existence of a just claim depended. The principal error relied upon by appellants…

1Opinion of the Court

Bristol, Associate Justice:

This case was originally brought by the appellee, Crolot, against the appellant, Maloy, before a justice of the peace of Santa Fe county, in the first judicial district, by attachment. The amount claimed as due him from the defendant is ninety-nine dollars.

No property of the appellant seems to have been attached, but one John Faber was summoned as garnishee, who appeared and acknowledged an indebtedness to the ajipellant in the sum of thirteen dollars. Both parties appeared before the justice. There is no record before this court showing that any pleadings were put…

2Cases cited3 opinions

  1. Howard v. CobbIndiana Supreme Court · 1854
  2. Allen v. NicholsIllinois Supreme Court · 1873
  3. Stone v. CaseNew York Supreme Court · 1835

3Cited by6 opinions

  1. Ammerman v. Hubbard Broadcasting, Inc.New Mexico Supreme Court · 1976
  2. State v. GonzalesNew Mexico Supreme Court · 1939
  3. Butler Paper Co. v. SydneyNew Mexico Supreme Court · 1943
  4. Greer v. JohnsonNew Mexico Supreme Court · 1971
  5. State Ex Rel. Heron v. KoolNew Mexico Supreme Court · 1943

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