Legal Opinion

Ortega v. Vigil

New Mexico Supreme Court

Decided June 17, 1916No. 1861PublishedCited by 5 opinions

Appeal from District Court, Tabs County' Mechem, Judge. Action by Juan Maria Ortega and others against Trinidad M. Vigil. From judgment for defendant, plaintiffs appeal. . The court was without jurisdiction to set aside, the judgment. Sec. 4227, Code 1915; U. S', v. Eio Grande Dam & I. Co., 85 Pac. 393, 399; Weaver v. Weaver, 113 Pac. 599, 601. There were no irregularities in judgment or procedure thereof.

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Appeal from District Court, Tabs County' Mechem, Judge. Action by Juan Maria Ortega and others against Trinidad M. Vigil. From judgment for defendant, plaintiffs appeal. . The court was without jurisdiction to set aside, the judgment. Sec. 4227, Code 1915; U. S', v. Eio Grande Dam & I. Co., 85 Pac. 393, 399; Weaver v. Weaver, 113 Pac. 599, 601. There were no irregularities in judgment or procedure thereof. Sec. 4122, Code 1915; Weaver v. Weaver, supra; D, S-v. E. G. D. & I. Co., supra. Pleading filed after expiration of twenty days and without an extension of time comes too late. 31 Cyc. 597;…

1Opinion of the Court

OPINION OP THE COURT.

EOBEETS, C. J.

This appeal raises three questions which may be stated as follows: First, can a default judgment be set aside for irregularity, on motion filed at any time within one year after its rendition? Second, can a default judgment be regularly rendered where defendant has failed to appear and plead within the 20 days allowed by statute, service having been had upon him within the county where the suit is pending, but such defendant has filed answer after the expiration of 20 days and before the default ijudgment.'has been rendered? And, third, can a default…

2Cases cited5 opinions

  1. Acock v. HalseyCalifornia Supreme Court · 1891
  2. Bowers v. DickersonCalifornia Supreme Court · 1861
  3. National Lumber & Box Co. v. Title Guaranty & Surety Co.Washington Supreme Court · 1915
  4. State ex rel. Hannebohl v. Superior CourtWashington Supreme Court · 1915
  5. Maples v. GellerNevada Supreme Court · 1865

3Cited by5 opinions

  1. Rogers v. Lyle Adjustment CompanyNew Mexico Supreme Court · 1962
  2. Ealy v. McGahenNew Mexico Supreme Court · 1933
  3. Gilbert v. New Mexico Const. Co.New Mexico Supreme Court · 1930
  4. Animas Consolidated Mines Co. v. FrazierNew Mexico Supreme Court · 1937
  5. Sanders v. Milford Auto Co.Utah Supreme Court · 1923

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