Enfield v. Stewart
New Mexico Supreme Court
* Appeal fom District Court, Eddy County; McClure, Judge. » Replevin by Lila M. Enfield and others against M. C. Stewart. Defendant’s motion for judgment granted, motion to set aside the judgment overruled, and plaintiffs appeal. STATEMENT OF FACTS.
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* Appeal fom District Court, Eddy County; McClure, Judge. » Replevin by Lila M. Enfield and others against M. C. Stewart. Defendant’s motion for judgment granted, motion to set aside the judgment overruled, and plaintiffs appeal. STATEMENT OF FACTS. Tbe appellant, plaintiff below, brought this action in replevin on the 16th day of June, 1914, in the district court of Eddy county, N. M., to recover possession of one Overland automobile, model 71F, No. 593, against defendant, M. C. Stewart, sheriff of Eddy county, N. M. She recovered possession of the automobile, giving a bond in the sum of…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
(after_ stating tbe facts as above). A motion by appellee to dismiss the appeal and affirm tbe judgment has been filed in this court, but is not supported by brief. "We therefore prefer to consider tbe case on its merits, and will take up the assignments of error in.tbe order discussed in appellant’s brief.
[1] The first and most important assignment of error is that tbe court erred in rendering judgment for the reason that the defendant had not filed an answer or raised an issue in the case, nor in any manner made claim to the property in controversy, or for…
2Cases cited2 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Fallon v. ManningSupreme Court of Missouri · 1864
3Cited by7 opinions
- American Mortgage Co. v. WhiteNew Mexico Supreme Court · 1930
- Hall v. BryantNew Mexico Supreme Court · 1959
- Mathieu v. RobertsNew Mexico Supreme Court · 1926
- State Ex Rel. Sandoval v. TaylorNew Mexico Supreme Court · 1939
- Krueger v. SchlemeyerSupreme Court of Kansas · 1937
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