Security Trust & Savings Bank v. Ravel
New Mexico Supreme Court
Appeal from District Court, Luna County; Ryan, Judge. Suit by Security Trust & Savings Bank against Sam Ravel. Judgment for defendant and plaintiff appeals. Court erred in permitting amendment of pleading setting up defense of release. Sec. 4162, Code 1915; Loretto etc. Soe. v. Garcia, 136 Pac. 858; Candalaria v. Miera, 134 Pac. 829. No error in permitting trial amendment.
Read the full summary
Appeal from District Court, Luna County; Ryan, Judge. Suit by Security Trust & Savings Bank against Sam Ravel. Judgment for defendant and plaintiff appeals. Court erred in permitting amendment of pleading setting up defense of release. Sec. 4162, Code 1915; Loretto etc. Soe. v. Garcia, 136 Pac. 858; Candalaria v. Miera, 134 Pac. 829. No error in permitting trial amendment. Subsec. 77 Sec. 4143, subsec. 96 Sec. 4162, subsec. 107 Sec. 4173, Code 1915; Bogie v. Nolan, 96 Mo. 85; Butler v. Edgarton, 15 Ind. 15.
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellant sued appellee in the district court of Luna county on a judgment claimed to haVe been rendered in its favor by the district court of El Paso county, Tex. That judgment was rendered in a suit instituted on a promissory note executed to appellant by Tri State Amusement Company, the payment of which was guaranteed in writing by appellee, Bernard Schuster and A. E. Schuster. Appellee filed an answer to the complaint in the district court of Luna county, setting up that he had not been served with process in the Texas suit and had not appeared in such…
2Cases cited16 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Estes v. Desnoyers Shoe Co.Supreme Court of Missouri · 1900
- State ex rel. Mahan v. Merchants BankSupreme Court of Missouri · 1901
- Shuler v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Conley Lott Nichols MacHinery Co. v. Safeco Insurance Co. of AmericaNew Mexico Court of Appeals · 1983
- Crespin v. Albuquerque Gas & Electric Co.New Mexico Supreme Court · 1935
- State ex rel. Bujac v. District Court of Second Judicial District for Bernalillo CountyNew Mexico Supreme Court · 1922
- McNeely v. HenryNew Mexico Court of Appeals · 1984
- Rallis v. Connecticut Fire Ins. Co.New Mexico Supreme Court · 1941
3 more not listed; retrieve them via the Exa API.