Kempner v. McMahan

OPINION OF THE COURT

PARKER, J.

Plaintiff and appellant, H. Kempner, brought an action in the district court of Dona Ana county. He submitted no proof except a deposition which, upon objection, was disallowed by the court and was withdrawn by the plaintiff. So the case stands upon the pleadings, with no proof on either side. A jury had been impaneled for the trial of the case.

The complaint was filed on July 21, 1928; on April 26, 1929, a motion for judgment by default was filed against V. C. Collier, individually, and V. C. Collier & Co., a partnership composed of V. C. Collier and one W. E.…