Northcutt v. King
New Mexico Supreme Court
Appeal from District Court, Otero County; M'edler, Judge. Action by Carlton Northcutt against W. H. King and Delbert King, copartners under the firm of King & Son. Judgment for defendants dismissing the cause, and plaintiff appeals. STATEMENT OP PACTS.
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Appeal from District Court, Otero County; M'edler, Judge. Action by Carlton Northcutt against W. H. King and Delbert King, copartners under the firm of King & Son. Judgment for defendants dismissing the cause, and plaintiff appeals. STATEMENT OP PACTS. On May 12, 1913, the appellant instituted a suit in the district court of Otero county, N. M., on judgment obtained in the state of Colorado on March 21, 1905. The defendants in the district court answered the complaint setting up that the cause of action was barred by the statute of limitations, more than seven years from the date of the…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
(after stating the facts as above).—
[1] The appellant is attacking the authority of the trial court to set aside and vacate its judgment, and directs our attention to the case of Fullen v. Fullen, recently decided by this court, and reported in 21 N. M. 212, 153 Pac. 294, in which case this court, through Mr. Justice Parker announced the rule that final judgments of the district courts in cases tried without a jury became final when rendered, and then and there pass from the further control of the court, except in two instances, viz. in cases of defaults for a…
Also in this document: Concurrence.
2Cases cited2 opinions
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Coulter v. Board of CommissionersNew Mexico Supreme Court · 1916
3Cited by11 opinions
- Davidson Chevrolet, Inc. v. City & County of DenverSupreme Court of Colorado · 1958
- Slade v. SladeNew Mexico Supreme Court · 1970
- Ealy v. McGahenNew Mexico Supreme Court · 1933
- Costello v. McFaddenSupreme Court of Iowa · 1996
- Bunton v. AbernathyNew Mexico Supreme Court · 1937
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