Pickering v. Palmer
New Mexico Supreme Court
Appeal from the District Court of San Juan County; Edmund C. Abbott, District Judge; A demurrer admits all facts well pleaded. Railroad Co. v. Railroad Co., 13 N. M. 345; Dame v. Cochite, 13 N. M. 10; Minor v. Marshall, 6 N. M. 194. Facts show the rendition of a void judgment and the issuance of a void execution, and the wrongful seizure of properly thereunder.
Read the full summary
Appeal from the District Court of San Juan County; Edmund C. Abbott, District Judge; A demurrer admits all facts well pleaded. Railroad Co. v. Railroad Co., 13 N. M. 345; Dame v. Cochite, 13 N. M. 10; Minor v. Marshall, 6 N. M. 194. Facts show the rendition of a void judgment and the issuance of a void execution, and the wrongful seizure of properly thereunder. Lohman v. Cox, 9 N. M. 509; Pickering v. Current, 16 N. M. 37; Holzman v. Martinez, 2 N. M. 288; 3 A. & E. Enc. of Law, 715; C. L. 1897, sec. 2685, sub-sec. 109; C. L. 1897, sec. 3267; 12 A. & E. Enc. 402; 24 Cyc. 497; Brown v. Keene,…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, D. J. —
1 The judgment was void because-there was no service of appellants to appear on the day it was rendered. The Justice had no jurisdiction to render the judgment. It is not a question, whether tire-appellants had proper notice, as in. the case cited by counsel, (Kerr v. Murphy, 19 S. Dak. 184, 8 A. & E. Ann. Cases), but whether they had any notice at all. In the-case cited the defendant was given but two days’ notice when the statute required three days’ notice. The court held that “the police justice considered the return before him and erroneously decided…
2Cases cited5 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Leonard v. SparksSupreme Court of Missouri · 1893
- Cooley v. BarkerSupreme Court of Iowa · 1904
- Siling v. HendricksonSupreme Court of Missouri · 1906
- National Metal Co. v. Greene Consolidated Copper Co.Arizona Supreme Court · 1907
3Cited by14 opinions
- Massaglia v. CommissionerUnited States Tax Court · 1959
- Midway Oil Corp. v. GuessWyoming Supreme Court · 1986
- Moore v. SmithSupreme Court of Virginia · 1941
- Crown Life Insurance v. Candlewood, Ltd.New Mexico Supreme Court · 1991
- Field v. OteroNew Mexico Supreme Court · 1930
9 more not listed; retrieve them via the Exa API.