Oliver v. Enriquez
New Mexico Supreme Court
Appeal from the District Court of Dona Ana County. Complaint states a cause of action. Sub-sec. 274, a,rt. 16, Laws 1907; Ely v. N. M. & Arizpna E. E. Co., 129 IT. S.' 32. If the complaint states a cause of action the court was without jurisdiction to. set the final decree aside and vacate the same. 16 Cyc. 50.5; 5 Enc. PI. & Pr. 1049; TJ. S. v. Qwyn, 4 N. M. 635; Phillips v- Negley, 117 IT. S. .665; Ex parte Sibald v. TJ.
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Appeal from the District Court of Dona Ana County. Complaint states a cause of action. Sub-sec. 274, a,rt. 16, Laws 1907; Ely v. N. M. & Arizpna E. E. Co., 129 IT. S.' 32. If the complaint states a cause of action the court was without jurisdiction to. set the final decree aside and vacate the same. 16 Cyc. 50.5; 5 Enc. PI. & Pr. 1049; TJ. S. v. Qwyn, 4 N. M. 635; Phillips v- Negley, 117 IT. S. .665; Ex parte Sibald v. TJ. S., 12 Peters 488; Grames v. Hawley, 50 Eed. 319; Bronson v. Schulten, 104 IJ. S. 410; Banegas v. Brackett, 34 Pac. 344; Territory v. Armijo, 14 N. M. 202; IT. S. v.…
1Opinion of the Court
OPINION BY THE COURT.
ROBERTS, C. J.
Several grouiids of error are presented by appellants, but in view of our cppclusion, it is not necessary to give any consideration to them, as appellants admit that if the complaint fails to state facts sufficient to constitute a cause of action, the order of the trial court in setting aside the judgment was properly made, even though the term at which it was entered had expired. Cyc. vol. 23, p. 905 lays down the rule, and it is supported by the uniform holding of practically all the courts, that
“Where a judgment is entirely void for want of jurisdiction…
2Cases cited7 opinions
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Turner v. WhiteCalifornia Supreme Court · 1887
- Payne v. JuneIndiana Supreme Court · 1883
- Elder v. SpinksCalifornia Supreme Court · 1878
- Miller v. StalkerIllinois Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Martinez v. CookNew Mexico Supreme Court · 1952
- Rivera v. Brazos Lodge Corp.New Mexico Supreme Court · 1991
- Campbell v. DohertyNew Mexico Supreme Court · 1949
- Conway v. San Miguel County Board of EducationNew Mexico Supreme Court · 1955
- Brown v. GurleyNew Mexico Supreme Court · 1954
5 more not listed; retrieve them via the Exa API.