Champion v. Rice
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before B. S. Baker, Associate Justice. All that this court decided on the former appeal as to Champion’s 'rights, was that his intervening petition was insufficient. In equity cases petitions of intervention should contain-all the material facts relied upon, and should show a -right to the particular relief asked by the petitioner, -and must' show a case of substantial equity.
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Appeal from the district court of Bernalillo county, before B. S. Baker, Associate Justice. All that this court decided on the former appeal as to Champion’s 'rights, was that his intervening petition was insufficient. In equity cases petitions of intervention should contain-all the material facts relied upon, and should show a -right to the particular relief asked by the petitioner, -and must' show a case of substantial equity. Empire Distilling Company v. McNulty, 77 Fed. 703; French v. Grapen, 105 U. S. 519; Eobinson v. Allen, 85'Va. 729-730; Black v. Bush, 7 B. Mon. 211; Hanover Bank v.…
1Opinion of the Court
OPINION OF THE COURT.
MANN, J.
— This cause has been before this court twice before in different forms (Rice v. Schofield, 9 N. M. 314; Flournoy, et al., v. Bullock, et al., 66 Pac. 547.) In the latter case a mandate was issued out of this court to the district court of Bernalillo county, the command of which said mandate is as follows: •
“Now, therefore, you are hereby commanded to reinstate said cause upon your docket and sustain the first exception of Appellant Rice, to the report of the referee, and dismiss the intervention
The mandate was filed in the office of the district clerk of said…
2Cases cited7 opinions
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Clark v. KeithSupreme Court of the United States · 1883
- Ex Parte Story v. StorySupreme Court of the United States · 1838
- West v. BrashearSupreme Court of the United States · 1840
- MacKall v. RichardsSupreme Court of the United States · 1885
2 more not listed; retrieve them via the Exa API.
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