New Mexico Motor Corp. v. Bliss
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Hickey, Judge. Action by the New Mexico Motor Corporation against E. E. Bliss. Defendant’s motion for judgment on pleadings was granted, and the complaint dismissed, and, pending appeal by plaintiff, temporary injunction was allowed to remain in force. 'Forcible entry and detainer statute does not of itself forfeit lease.
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Appeal from District Court, Bernalillo County; Hickey, Judge. Action by the New Mexico Motor Corporation against E. E. Bliss. Defendant’s motion for judgment on pleadings was granted, and the complaint dismissed, and, pending appeal by plaintiff, temporary injunction was allowed to remain in force. 'Forcible entry and detainer statute does not of itself forfeit lease. Romero v. Gonzales, 3 N. M. 5; Patten v. Balch, 15 N. M. 276; 16 R. L. C. “Landlord & Tenant” Par. 666; Kann v. King, 204 U. S. 43, 69 L. R. A. 866; Abrams v. Watson, 59 Ala. 524; Garner v. Hannah, 6 Duer (N. Y.) 262; Wylie v.…
1Opinion of the Court
OPINION OF THE COURT.
RAYNOLDS, J.
The New Mexico Motor Corporation, appellant herein, brought suit in Bernalillo county against E. E. Bliss, appellee, seeking to be relieved from forfeiture in the payment of rent under certain lease of a store building in the city of Albuquerque, owned by Bliss, and praying a temporary injunction to restrain Bliss from molesting it in the possession of the real estate pending the litigation, and for a perpetual injunction on final hearing. A temporary injunction was granted, and, upon trial of the case, the defendant, Bliss, moved the court to deny the…
2Cases cited6 opinions
- Sheets v. SeldenSupreme Court of the United States · 1869
- Kann v. KingSupreme Court of the United States · 1907
- South Penn Oil Co. v. EdgellWest Virginia Supreme Court · 1900
- Kaufman v. MastinWest Virginia Supreme Court · 1909
- Woodson v. SkinnerSupreme Court of Missouri · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- United Properties Ltd. v. Walgreen Properties, Inc.New Mexico Court of Appeals · 2003
- Massengill v. City of ClovisNew Mexico Supreme Court · 1928
- Young Investment Co. v. Reno Club, Inc.Nevada Supreme Court · 1949
- State v. VogelNew Mexico Supreme Court · 1935
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