Legal Opinion

Hubbard v. Howell

New Mexico Supreme Court

Decided February 12, 1980No. 12321PublishedCited by 3 opinions

1Opinion of the Court

OPINION

EASLEY, Justice.

Appellant Hubbard sued in Dona Ana County to enforce a judgment lien against appellee, Howell, based on a judgment out of Santa Fe District Court. The trial court held for Howell and Hubbard appeals. We reverse.

There are three issues: (1) whether the Santa Fe court had subject matter jurisdiction to enter judgment on Hubbard’s third-party claim against Howell; (2) whether the dismissal of the Santa Fe suit with prejudice vitiates the default judgment entered pursuant to the suit but prior to its dismissal; and (3) whether Howell can attack the Santa Fe default judgment…

2Cases cited10 opinions

  1. Antonio Paliaga v. Luckenbach Steamship Company, and Third-Party v. Turner & Blanchard, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1962
  2. Magevney v. KarschTennessee Supreme Court · 1933
  3. Gallegos Ex Rel. Estate of Gallegos v. FranklinNew Mexico Court of Appeals · 1976
  4. Board of Education, School District 16 v. StandhardtNew Mexico Supreme Court · 1969
  5. Fehlhaber v. Indian Trails, Inc.Court of Appeals for the Third Circuit · 1970

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Landavazo v. SanchezNew Mexico Supreme Court · 1990
  2. Heimann v. AdeeNew Mexico Supreme Court · 1996
  3. Landavazo v. SanchezNew Mexico Supreme Court · 1990

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