Legal Opinion
Rogers v. Lyle Adjustment Company
New Mexico Supreme Court
Decided June 28, 1962No. 7042PublishedCited by 31 opinions
1Opinion of the Court
NOBLE, Justice.
Two principal questions are presented by this appeal: (1) Under Rule 55 of the Rules of Civil Procedure, may a default judgment be entered after the filing of a late pleading; and (2) did the trial court abuse its discretion in refusing to vacate the default judgment and permit the filing of an answer?
Appellant (defendant below) was served with process in a civil action on April 17, 1961, and its appearance was entered by its attorneys on May 6. On May 24, 1961, no further pleading having been filed by appellant, notice was filed and served on counsel for appellant that…
2Cases cited8 opinions
- Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
- Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1942
- Adams & McGahey v. NeillNew Mexico Supreme Court · 1954
- Moffitt v. AsherCourt of Appeals of Kentucky · 1957
- Animas Consolidated Mines Co. v. FrazierNew Mexico Supreme Court · 1937
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Springer Corporation v. HerreraNew Mexico Supreme Court · 1973
- State v. MinnsNew Mexico Court of Appeals · 1969
- Edington v. AlbaNew Mexico Supreme Court · 1964
- State v. S & R Sanitation Services, Inc.Supreme Court of Connecticut · 1987
- Clark County State Bank v. BennettIndiana Court of Appeals · 1975
26 more not listed; retrieve them via the Exa API.