Pearce v. Albright
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. A judgment by default or “nil Meet” cannot be taken by the plaintiffs after' the action is at issue, whether the issue be one of law or fact. Hicks v. Vann, 4 Ark. 526; Reed y. Stale Bank, 5 Ark. 194; Alexander y.
Read the full summary
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. A judgment by default or “nil Meet” cannot be taken by the plaintiffs after' the action is at issue, whether the issue be one of law or fact. Hicks v. Vann, 4 Ark. 526; Reed y. Stale Bank, 5 Ark. 194; Alexander y. Stewart, 23 Ark. 18; Knaebel v. Slaughter, 34 Pac. 198, 7 N. M. 221; Knowles v. Fritz, 58 Wis. 216. It follows that where defendant has appeared to the action and filed a pleading in opposition, his default cannot be entered, nor judgment by default taken until the pleading is stricken…
1Opinion of the Court
OPINION OF THE COURT.
MILLS, C. J.
This is a suit brought to foreclose a mechanics’ lien for work and labor done and the furnishing of materials used in repairing a house. The work and labor was done and the materials furnished at the instance of one Dolly Monbars, lessee of the appellant, Mrs. Albright, who owned the property. The evidence shows and the court below found, that the owner of the property knew that the materials were being furnished and the repairs being made, and that she did not post the notice on the property within three days required by section 2226 of the Compiled Laws of…
2Cases cited4 opinions
- Pacific Mutual Life Insurance Co. v. FisherCalifornia Supreme Court · 1895
- Ferguson v. SmithSupreme Court of Kansas · 1872
- Watson v. SutroCalifornia Supreme Court · 1894
- Bethell v. MathewsSupreme Court of the United States · 1872
3Cited by9 opinions
- Texas Co. v. SchriewerCourt of Appeals of Texas · 1931
- Johnsen v. FryarNew Mexico Court of Appeals · 1981
- Allison v. SchulerNew Mexico Supreme Court · 1934
- Bohan v. HarrisMontana Supreme Court · 1924
- Jamison v. SheltonNew Mexico Supreme Court · 1930
4 more not listed; retrieve them via the Exa API.