Legal Opinion

A. L. Murphy v. Citizens Bank of Clovis, A.W. Skarda and Lionel G. Skarda

Court of Appeals for the Tenth Circuit

Decided April 23, 1957No. 5494PublishedCited by 21 opinions

1Opinion of the Court

LEWIS, Circuit Judge.

The plaintiff-appellant is aggrieved by a judgment summarily dismissing his complaint with prejudice-upon each of two grounds; (a) failure-to state a claim upon which relief can be-granted and (b) the bar of the New Mexico four year statute of limitations. Sec. 23-1-4, N.M. Statutes, 1953 Ann. Appellant has neither designated nor argued in his brief any error arising from the trial court’s holding that the complaint fails to state a claim. Failure to-comply in this regard with Rule 19 of this Court, 28 U.S.C.A., will warrant an affirmance of the judgment without, further…

2Cases cited5 opinions

  1. Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
  2. Pancho Barnes, Also Known as Florence Lowe Barnes v. United StatesCourt of Appeals for the Ninth Circuit · 1956
  3. Isaacks v. JeffersCourt of Appeals for the Tenth Circuit · 1944
  4. Lohman v. Stockyards Loan Co.Court of Appeals for the Eighth Circuit · 1917
  5. Robert Maxwell Watts v. United StatesCourt of Appeals for the Tenth Circuit · 1955

3Cited by21 opinions

  1. Quin Blair Enterprises, Inc. v. Julien Construction Co.Wyoming Supreme Court · 1979
  2. United States v. Arthur Eugene PinkeyCourt of Appeals for the Tenth Circuit · 1977
  3. Cersosimo v. CersosimoSupreme Court of Connecticut · 1982
  4. State Ex Rel. State Highway Commission v. ShermanNew Mexico Supreme Court · 1971
  5. United States v. Gustav WahlCourt of Appeals for the Sixth Circuit · 1978

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