Tietjen v. McCoy
New Mexico Supreme Court
Appeal from District Court, McKinley County; Ray-nolds, Judge. Action by J. E. Tietjen against L. McCoy in forcible entry and detainer before a justice of tbe peace. From a judgment for plaintiff, defendant appealed to tlie district court where, on trial de novo, judgment was rendered for plaintiff, and defendant appeals. STATEMENT OF FACTS.
Read the full summary
Appeal from District Court, McKinley County; Ray-nolds, Judge. Action by J. E. Tietjen against L. McCoy in forcible entry and detainer before a justice of tbe peace. From a judgment for plaintiff, defendant appealed to tlie district court where, on trial de novo, judgment was rendered for plaintiff, and defendant appeals. STATEMENT OF FACTS. Tbe action' is in forcible entry and detainer brought in tbe justice of tbe peace court for precinct No. 3 of McKinley county by appellee. Tbe tract of land involved was described as Sec. 16, Tp. 19 N., R. 12 W. Tbe justice court found tbe defendant…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, C. J.
[1] The first assignment of error urged by appellant is that the court erred in'proceeding to render judgment in the case when neither the justice of the peace court, from which the case was appealed, nor the district court* nor this court, had or has jurisdiction of the cause because the suit was not begun or tried in the precinct in McKinley county in which the land in question is situated. Appellant attempts to support this assignment by certain affidavit proof, which, however, we cannot consider as any part of the record. It is to be observed, however,…
2Cases cited2 opinions
- Haskins v. HaskinsIllinois Supreme Court · 1873
- Brasswell v. HalliburtonNew Mexico Supreme Court · 1914
3Cited by2 opinions
- Bell v. BeckNew Mexico Supreme Court · 1939
- Puckett v. WalzNew Mexico Supreme Court · 1937