Eagle Mining & Improvement Co. v. Lund
New Mexico Supreme Court
Error to District Court for Chaves County before William H. Pope, Chief Justice. The suit should have been brought in the judicial district in which the property lies. C. L. 1897, secs. 882, 2950, par. 4; Laws 1905, chap. 79, sec. 75; A. & E. Enc. of Law, 2 ed., 65; Booth v. Clark, 17 How. H. S. 335; Holmes v. Sherwood, 16 Eed. 727, and cases cited; Smith on Eeceiverships 56, 122 and cases cited.
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Error to District Court for Chaves County before William H. Pope, Chief Justice. The suit should have been brought in the judicial district in which the property lies. C. L. 1897, secs. 882, 2950, par. 4; Laws 1905, chap. 79, sec. 75; A. & E. Enc. of Law, 2 ed., 65; Booth v. Clark, 17 How. H. S. 335; Holmes v. Sherwood, 16 Eed. 727, and cases cited; Smith on Eeceiverships 56, 122 and cases cited. The facts and circumstances must be set out in the complaint from which the insolvency of the company shall appear. Newfoundland E. E. Construction Co. v. Shack, 40 N. J. Eq. -222, 226; Eawnsley v.…
1Opinion of the Court
OPINION OP THE COURT.
WRIGHT, J.
1. Before taking up the consideration of the other features of this case it is necessary' to dispose of the motion of defendant in error to dismiss the writ of error for failure to file transcript of the record and assignments of error within the time required by law.
1 Defendant herein, on January 5, 1910, filed his motion to dismiss the writ of error, as above stated. An examination of the files in this case discloses that plaintiff in error had filed its transcript of record and assignments of error and thereby cured its default prior to tlie filing of motion…
2Cases cited2 opinions
- Pierce v. Old Dominion Copper Mining & Smelting Co.New Jersey Court of Chancery · 1904
- Franklin Electric Light Co. v. Fort Wayne Electric Corp.Supreme Court of New Jersey · 1899
3Cited by13 opinions
- National Brake & Electric Co. v. ChristensenCourt of Appeals for the Seventh Circuit · 1919
- FIRST NAT. BANK IN ALBUQUERQUE v. RobinsonCourt of Appeals for the Tenth Circuit · 1939
- In Re Estate of HarringtonNew Mexico Court of Appeals · 2000
- Cooper v. OteroNew Mexico Supreme Court · 1934
- National Mut. Savings & Loan Ass'n v. McGheeNew Mexico Supreme Court · 1934
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