Otto-Johnson Mercantile Co. v. Garcia
New Mexico Supreme Court
Appeal from District Court, Union County; Leib, Judge. Action by the Otto-Johnson Mercantile Company against Salome Garcia. From an order overruling its motion to dismiss the cause at its costs, plaintiff appeals. The order from whieb the appeal was taken is non-appealable. ■ Sees. 1 and 2, c. 43, L. 1917; Costillo L. & I. Co. v. Allen, 15 N. M. 528; London-Glascow Dev.
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Appeal from District Court, Union County; Leib, Judge. Action by the Otto-Johnson Mercantile Company against Salome Garcia. From an order overruling its motion to dismiss the cause at its costs, plaintiff appeals. The order from whieb the appeal was taken is non-appealable. ■ Sees. 1 and 2, c. 43, L. 1917; Costillo L. & I. Co. v. Allen, 15 N. M. 528; London-Glascow Dev. Co. v. Powers, 100 Pae. 454; in re Minn. & W. R. Co., 78 N. W. 753; Raymond v. Keseberg, 73 N. W. 1010; Sliscovieh v. Scandinavian Amer. Bank, 139 Pae. 606; Weiser Irr. Dist. v. Middle Valley Irr. Ditch Co., 155 Pac. 484.…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
The appellant, the Otto;Johnson Mercantile Company, a corporation, instituted an action against the appellee, Salome Garcia, in the district court for Union County, to recover a money judgment for goods sold and delivered. Appellee demanded a bill of particulars, and, the same not having been filed within ten days after service of said demand, appellee answered the complaint, denying the material allegations thereof! Thereafter the appellant moved that the cause be dismissed at its costs. The motion was overruled, and from that order this appeal is prosecuted.
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2Cases cited3 opinions
- Teeter v. Cole Manufacturing Co.Supreme Court of North Carolina · 1909
- State Ex Rel. Mann v. GibbsSupreme Court of North Carolina · 1911
- Consolidated Alfalfa Milling Co. v. WinsorSupreme Court of Oklahoma · 1914
3Cited by14 opinions
- Speckner v. RieboldNew Mexico Supreme Court · 1974
- Speckner v. RieboldNew Mexico Supreme Court · 1974
- Albuquerque Gas & Electric Co. v. CurtisNew Mexico Supreme Court · 1939
- Floyd v. TowndrowNew Mexico Supreme Court · 1944
- Satterlee v. HarrisCourt of Appeals for the Tenth Circuit · 1932
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