Las Vegas Railway & Power Co. v. Trust Co.
New Mexico Supreme Court
Appeal from the District Court for San Miguel County before John R. McFir, Associate Justice. Default is tantamount to a complete denial of plain-, tiff’s cause of action and requires of the court that it have .full proof thereof, before it gives judgment therefor. Blair r.
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Appeal from the District Court for San Miguel County before John R. McFir, Associate Justice. Default is tantamount to a complete denial of plain-, tiff’s cause of action and requires of the court that it have .full proof thereof, before it gives judgment therefor. Blair r. Bartlett, 75 N. Y. 150; Freeman on Judgments, see. 330; White v. Merritt, 7 N. Y. 352. The power of the trustee to take legal proceedings to enforce payment of the amount secured should be strictly construed. Guaranty Trust Co. v; Green Cove Railroad, 139 TJ. S. 137, 142; Chicago & Vincennes R. R. Co. v. Fosdiek, 106 B. S.…
1Opinion of the Court
OPINION OF THE COURT.
WRIGHT, J.
The appellants assigned only two grounds of error and in their brief discuss them in the reverse order from that in which they are assigned. An examination of the second assignment of error, and the discussion in the brief thereon, discloses the fact that the appellants rely upon the question of irregularity in the entering of the decree, and the question as to whether or not the complaint states facts sufficient to constitute a cause of action.
1 Hnder this assignment of error, appellants contended that upon default being made in any case in equity, as the case…
2Cases cited13 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Schroeder v. YoungSupreme Court of the United States · 1896
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Fogg v. BlairSupreme Court of the United States · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- City Builders Supply, Inc. v. StoneNew Mexico Supreme Court · 1970
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