First Nat. Bank v. Baker
New Mexico Supreme Court
Appeal from District Court, Dona Ana County; Medler, Judge. Creditor’s bill by the First National Bank of Las Cruces against D. F. Baker and others. Demurrer to answer overruled, and bill dismissed, and plaintiff appeals. Judgment rendered upon judgment notes was valid. Black on Judgments, Art. 170; Secs. 3071 to 3078 Code 1915; 23 Cyc. 704; Heslip v. Anderson, 134 111. App. 8; Black on Judgs.
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Appeal from District Court, Dona Ana County; Medler, Judge. Creditor’s bill by the First National Bank of Las Cruces against D. F. Baker and others. Demurrer to answer overruled, and bill dismissed, and plaintiff appeals. Judgment rendered upon judgment notes was valid. Black on Judgments, Art. 170; Secs. 3071 to 3078 Code 1915; 23 Cyc. 704; Heslip v. Anderson, 134 111. App. 8; Black on Judgs. Art. 67; 23 Cyc. 699; Packer v. Roberts, 140 111. 9, 29 N. E. 688; Victor v. Johnson, 148 Pa. St. 583, 24 At. 173. Judgment by confession may be entered upon written authority called a warrant or power…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, C. J.
A rehearing has been granted in this case, and the case reargued and resubmitted. Upon more mature consideration we are constrained to recede from our former position, taken in the "opinion heretofore handed down. The notes upon which the original judgment was founded contained a warrant of attorney to the effect that the maker thereof authorized and empowered any attorney of any court of record at any time after the notes became due to appear for him in any action or suit on such notes in any court of competent jurisdiction, and waive the issue and service…
2Cases cited7 opinions
- First National Bank v. WhiteSupreme Court of Missouri · 1909
- Cross v. MoffatSupreme Court of Colorado · 1888
- Farquhar & Co. v. DehavenWest Virginia Supreme Court · 1912
- Bush v. HansonIllinois Supreme Court · 1873
- Crosby v. WashburnSupreme Court of New Jersey · 1901
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3Cited by6 opinions
- Swisher v. Orrison Cigar Co.Ohio Supreme Court · 1930
- Morrison v. First National Bank of TaosNew Mexico Supreme Court · 1922
- In Re Estate of SnyderCalifornia Court of Appeal · 1925
- Hot Springs Nat. Bank v. KenneyNew Mexico Supreme Court · 1935
- Lathrem v. ForemanOhio Supreme Court · 1958
1 more not listed; retrieve them via the Exa API.