Las Vegas Railway & Power Co. v. Trust Co.
New Mexico Supreme Court
Appeal from District Court, San Miguel County. Tlie petition of appellants, praying for an allowance out of1 the common fund in the hands of the court to W. A. Buddecke, for his costs and expenses and attorney’s and counsellor’s fees, incurred in prosecuting for and on behalf of the Las Vegas Bailwajr and Power Co., the proceedings to set aside the first sale should have been granted and an examiner appointed, as’prayed for, and the allowance made.
Read the full summary
Appeal from District Court, San Miguel County. Tlie petition of appellants, praying for an allowance out of1 the common fund in the hands of the court to W. A. Buddecke, for his costs and expenses and attorney’s and counsellor’s fees, incurred in prosecuting for and on behalf of the Las Vegas Bailwajr and Power Co., the proceedings to set aside the first sale should have been granted and an examiner appointed, as’prayed for, and the allowance made. Hubbard v. Camperdown Mills, 1 S. E. Bep. 5; Bound v. South Carolina By. Co., 59 Fed. 509 (512); Central Bailroad v. Pettus, 113 H. S. 116…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This case was before the Territorial Supreme Court, and. is reported in 15 N. M. 634, 110 Pac. 856. IJpon that appeal two propositions were determined, viz: First, that there was nothing in the record authorizing the vacating of the final decree of foreclosure, and,. Second, that by reason of the circumstances stated in the opinion, the sale under the final decree should be vacated and a resale of the property had. A resale of the property was had and the case is now before this court upon an. appeal by the same parties who prosecuted the former appeal. The…
2Cases cited20 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Matter of Application of HoldenNew York Court of Appeals · 1891
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
- Gregg v. GardnerNew Mexico Supreme Court · 1963
- Martinez v. St. Joseph Healthcare SystemNew Mexico Supreme Court · 1994
- Matter of Estate of FosterNew Mexico Court of Appeals · 1985
- Turpin v. SmedinghoffNew Mexico Supreme Court · 1994
4 more not listed; retrieve them via the Exa API.