Legal Opinion

Mendoza v. Acme Transfer & Storage Co.

New Mexico Supreme Court

Decided June 11, 1959No. 6538PublishedCited by 5 opinions

1Opinion of the Court

McGHEE, Justice.

Bella Mendoza was awarded child support money, alimony and attorney’s fees in a divorce action against Salomon Mendoza, and in order to collect sued out a writ of garnishment against the transfer company and had it served by a private individual instead of-the sheriff.

The transfer company defaulted and judgment was entered against it for $230 and costs. Thereafter it moved to stay execution and vacate the judgment on the sole ground that the writ had not been served by the sheriff or one of his deputies, and that it was in fact served by an individual. The motion was denied,…

2Cases cited4 opinions

  1. Berry-Beall Dry Goods Co. v. AdamsSupreme Court of Oklahoma · 1922
  2. Upjohn Co. v. Board of CommissionersNew Mexico Supreme Court · 1919
  3. Trujillo v. TrujilloNew Mexico Supreme Court · 1948
  4. Dean v. OpdyckeWashington Supreme Court · 1929

3Cited by5 opinions

  1. Gookin v. State Farm Fire & Casualty Insurance Co.Wyoming Supreme Court · 1992
  2. Jemko, Inc. v. LiaghatNew Mexico Court of Appeals · 1987
  3. Bank of New Mexico v. PriestleyNew Mexico Supreme Court · 1981
  4. Bank of New Mexico v. Northwest Power Products, Inc.New Mexico Court of Appeals · 1980
  5. Bank of New Mexico v. Northwest Power Products, Inc.New Mexico Court of Appeals · 1980

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