Crichton v. Storz
New Mexico Supreme Court
Appeal from District Court, Santa Fé County; E. C. Abbott, Judge. Action by Roy J. Crichton and others against Andy Storz and others. From judgment for defendants, plaintiffs appeal.
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Appeal from District Court, Santa Fé County; E. C. Abbott, Judge. Action by Roy J. Crichton and others against Andy Storz and others. From judgment for defendants, plaintiffs appeal. A judgment rendered on default operates as a merger of the cause of action, where the court has full jurisdiction, and prevents any further suit upon the same subject matter. 23 Cyc. 1135; Mforenhout v. Higuera, 32 Cal. 289; Kittreclge v. Stevens, 16 Cal. 381; Harbig v. Freund, 69 Ga. 180; Irwin v. Helgenberg, 21 Ind. 126; Johnson v. Jones, 58 Kan. 745; White v. Savage, 94 Me. 138; Thatcher v. Gammon, 12 Mass.…
1Opinion of the Court
OPINION OF THE COURT.
MECHEM1, District Judge
(after stating the facts as above.) — The appellants question the validity of the judgment of November 24, 1913, in cause No. 7060, first, because there had been theretofore a final judgment rendered in said cause; and, second, because the term had elapsed at which the former judgment had been rendered, which, they contend, deprived the trial court of jurisdiction to render the later additional or amendatory judgment.
[1] The practice in amending final decrees is stated in 5 Enc. PI. & Pr. 1053, as follows:
“A final decree may be amended after…
Also in this document: Concurrence.
2Cases cited5 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Grames v. HawleyU.S. Circuit Court for the District of Kansas · 1883
- Weaver v. WeaverNew Mexico Supreme Court · 1911
- Oliver Finnie Grocery Co. v. BodenheimerMississippi Supreme Court · 1899
- Territory ex rel. Hubbell v. ArmijoNew Mexico Supreme Court · 1907
3Cited by9 opinions
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Fairchild v. United Service CorporationNew Mexico Supreme Court · 1948
- Kerr v. Southwest Flourite Co.New Mexico Supreme Court · 1930
- Elwess v. ElwessNew Mexico Supreme Court · 1964
- Coulter v. Board of CommissionersNew Mexico Supreme Court · 1916
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