Goode v. Colorado Investment Loan Co.
New Mexico Supreme Court
Appeal from the District Court for Union County, before William Ii. Pope, Chief Justice. After the issues have been made up a party cannot amend his pleadings as a matter of right. Hoffman v. Rothenberger, 82 Ind. 474; Beall v. School, 1 A. K. Marsh 475, Ky ; 31 Cyc. 397; Century Digest, sec 655. Compliance with .statute must affirmatively appear.
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Appeal from the District Court for Union County, before William Ii. Pope, Chief Justice. After the issues have been made up a party cannot amend his pleadings as a matter of right. Hoffman v. Rothenberger, 82 Ind. 474; Beall v. School, 1 A. K. Marsh 475, Ky ; 31 Cyc. 397; Century Digest, sec 655. Compliance with .statute must affirmatively appear. Goodwin v. Colorado Mortgage and Investment Co., 28 U. S. 47; C. L. 1897, secs.''445, 2553, 2554; Laws 1899, chap. 77, sec. 1; Laws 1901, chap. 77, secs. 1, .2. 3; Laws 1903, chap. 65, secs. 1, 2; Laws 1905, chap. 79. secs. 102-107. It is error to…
1Opinion of the Court
OPINION OF THE COURT.
MECHEM, J.
This is an action brought by the appellee, hereinafter styled the plaintiff, against the appellants, hereinafter styled the defendants, to foreclose a mortgage on real estate. Judgment for the plaintiff, and defendants appeal.
The appellants assign four errors for our consideration. Of these the first and second are not before ns, having been waived.
1 1. The third assignment of error questions the action of the court below in stricking out the eighth, ninth, tenth, and twelfth paragraphs of defendants’ answer. By the eighth paragraph of the answer, it is alleged…
2Cases cited7 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Gen. Conference of Free Baptists v. BerkeyCalifornia Supreme Court · 1909
- Neher v. ArmijoNew Mexico Supreme Court · 1901
- Dame v. Cochiti Reduction & Improvement Co.New Mexico Supreme Court · 1905
- United States Savings & Loan Co. v. ShainNorth Dakota Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Sais v. City Electric Co.New Mexico Supreme Court · 1920
- Baca v. PereaNew Mexico Supreme Court · 1919
- Major Creek Lum. Co. v. JohnsonOregon Supreme Court · 1921
- Vermont Farm MacH. Co. v. AshNew Mexico Supreme Court · 1918
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