Glaser v. Dannelley
New Mexico Supreme Court
Appeal from District Court, Curry County, Brice, Judge. Action by B. G. Glaser against W. U. Dannelley. Judgment for plaintiff, and defendant appeals. In many cases it is held that the trial court, after an appeal and remand, has no power to modify or amend the judgment whatever. Tuttle v. Gilmore, 7 Atl. 859; Pacific Drug Co. v. Hamilton, 76 Wash. 524, 136 Pac. 1144.; German American State Bank v. Sullivan, 50 Wash. 42, 96 Pac. 522; State ex rel.
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Appeal from District Court, Curry County, Brice, Judge. Action by B. G. Glaser against W. U. Dannelley. Judgment for plaintiff, and defendant appeals. In many cases it is held that the trial court, after an appeal and remand, has no power to modify or amend the judgment whatever. Tuttle v. Gilmore, 7 Atl. 859; Pacific Drug Co. v. Hamilton, 76 Wash. 524, 136 Pac. 1144.; German American State Bank v. Sullivan, 50 Wash. 42, 96 Pac. 522; State ex rel. Jefferson County v. Hatch, 36 Wash. 164, 78 Pac. 796; State ex rel. Wolferman v. Superior Court, 8 Wash. 591, 36 Pac. 443; Dewey L. Co. v. Stevens,…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
Prior to October 6, 1916, appellee sued appellant in the district court of Curry county, in equity, to set. aside a contract entered into between the parties for the purchase of certain real estate, and seeking the return of certain moneys paid by appellee to appellant under such contract, and for damages. The basis of the action was that appellee had been induced to enter into the contract by fraud. The court heard the evidence, and filed a written opinion in the ease, in. which it was stated that appellee was eutitled to a cancellation of the contract and to…
2Cases cited1 opinion
- Glaser v. DannelleyNew Mexico Supreme Court · 1918
3Cited by7 opinions
- Vinton Eppsco Inc. v. Showe Homes, Inc.New Mexico Supreme Court · 1981
- Weaver v. WeaverNew Mexico Supreme Court · 1983
- Thompson v. ThompsonNew Mexico Supreme Court · 1983
- Carlock v. ChapmanSupreme Court of Oklahoma · 1933
- Wagner v. EarpSupreme Court of Oklahoma · 1937
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