Good v. Red River Valley Co.
New Mexico Supreme Court
Appeal from the district court of Santa Fe county, before John R. McFie, Associate Justice. The venue was improperly changed to the district court for Santa Fe county, and that court should not have entered any judgment in the cause. There was not a substantial compliance with the statutes. Compiled Laws of 1897, secs. 2879 to 2884, inclusive. Notice of application for a change of venue is essential where the statute provides for such notice.
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Appeal from the district court of Santa Fe county, before John R. McFie, Associate Justice. The venue was improperly changed to the district court for Santa Fe county, and that court should not have entered any judgment in the cause. There was not a substantial compliance with the statutes. Compiled Laws of 1897, secs. 2879 to 2884, inclusive. Notice of application for a change of venue is essential where the statute provides for such notice. Marble v. Bonhotel, 35 111. 249; 4 Ency. PI. and Pr., p. 429, and authorities cited, and p. 488; State v. Potter, 16 Kas. 80; Benedict v. Johnson, 57 N.…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J.
This is an action brought by defendant in error against the plaintiffs in error in the district court of the Fourth judicial district sitting in and for the county of San Miguel. After service of process upon one of the partners a change of venne was granted to the district court of the First judicial district, sitting in and for Santa Fe county. There judgment by default was entered against the plaintiffs in error.
In the absence of statute the contract of a firm is the joint obligation of all the partners and all must be sued personally. The words “partners…
2Cases cited4 opinions
- Davidson v. KnoxCalifornia Supreme Court · 1885
- Moore v. Burns & Co.Supreme Court of Alabama · 1877
- Brumwell & Co. v. Stebbins Bros.Supreme Court of Iowa · 1891
- Leach v. the Milburn Wagon Co.Nebraska Supreme Court · 1883
3Cited by7 opinions
- State Ex Rel. Palmer v. GraySupreme Court of Florida · 1927
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- John Bollman Co. v. S. Bachman & Co.California Court of Appeal · 1911
- National Surety Co. v. George E. Breece Lumber Co.Court of Appeals for the Tenth Circuit · 1932
- Kempner v. McMahanNew Mexico Supreme Court · 1931
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