M. B. Goldenberg Co. v. El Paso & S. W. Co.
New Mexico Supreme Court
Appeal from District Court, Quay County; Leib, Judge. Action by tbe M. B. Goldenberg Company against the El Paso & Southwestern Company. From a default judgment in the district court on appeal from a judgment in justice’s court for plaintiff» defendant appeals.
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Appeal from District Court, Quay County; Leib, Judge. Action by tbe M. B. Goldenberg Company against the El Paso & Southwestern Company. From a default judgment in the district court on appeal from a judgment in justice’s court for plaintiff» defendant appeals. STATEMENT OF FACTS On February 27, 1915, the appellee filed a complaint against appellant, in the justice court of precinct No. 1, Quay county, seeking to recover damages in the sum of $150. The cause was tried on March 8th following, and a judgment rendered against appellant in the sum of $150 and costs, from which judgment appellant…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, C. J.
(after stating the facts as above). [1] One assignment of error is presented by appellant’s brief as follows:
“Tbe trial court erred in rendering judgment against defendant upon a certificate of non-appear'ance, and witb tbeir recital that tbe defendant bad not perfected its appeal, because under section 3222 it was tbe duty of tbe justice of tbe peace on or before tbe first day of tbe term to file a transcript of his, docket, together with! tbe papers in said cause, witb tbe clerk of tbe district court, and, under section 3223, it was tbe duty of tbe clerk of…
2Cases cited1 opinion
- M. J. Faggard & Co. v. CunninghamNew Mexico Supreme Court · 1914
3Cited by1 opinion
- Hignett v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1928