Johnson v. Gallegos
New Mexico Supreme Court
Appeal from the district court of San Miguel county, Fourth Judicial District. Statement of the case by the court. This is a suit in chancery brought by the complainants to restrain the defendants from levying an execution on certain property, to collect a balance claimed to be due upon two separate judgments, which were recovered from the complainants as sureties upon two replevin bonds.
Read the full summary
Appeal from the district court of San Miguel county, Fourth Judicial District. Statement of the case by the court. This is a suit in chancery brought by the complainants to restrain the defendants from levying an execution on certain property, to collect a balance claimed to be due upon two separate judgments, which were recovered from the complainants as sureties upon two replevin bonds. The details of the controversy are as follows: In the. year 1887, Kohn Brothers of Chicago, recovered judgments in the district court of Mora county against W. -Sparks, Jr., C. N, Sparks, William Sparks and…
1Opinion of the CourtMills, C. J.
TraAi» ractice-a^dmonafflndl court. by the It appears from the record before us, that this case was referred to a master who reported the evidence and findings both of law and fact to the court. To these findings the appellants herein filed exceptions, and the court, after hearing counsel and sustaining the master’s report, of his own motion made supplemental findings both of law an<^ ^aci:' ^ese findings the appellants excepted, and in deciding this case we will first consider the fifth assignment of error which relates to this matter. Such assignment alleges that the district court erred:…
2Cases cited11 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Callaghan v. MyersSupreme Court of the United States · 1888
- Quinby v. ConlanSupreme Court of the United States · 1882
- Boesch v. GraffSupreme Court of the United States · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. DoeNew Mexico Court of Appeals · 1979
- Aduz v. OjiakuNew Mexico Court of Appeals · 2014
- Downing Bros. v. MitchellNew Mexico Supreme Court · 1944
- State v. AguilarNew Mexico Court of Appeals · 2013
- State v. DoeNew Mexico Court of Appeals · 1979
1 more not listed; retrieve them via the Exa API.