State ex rel. Parsons Mining Co. v. McClure
New Mexico Supreme Court
Prohibition. Proceeding in rem. Brown on Jurisdiction, chap. 8, secs. 58, 59, 59a, 61. Action in rem must be brought in the county in which the res, or a portion thereof, is situated. Jemez Land Co. v. Antonio Jose Garcia, 15 N. M. 316; Turrill, et al. v. Walker, 4 Mich. 177; Jewett, 77, p. 567; 69 Has. 830; 93 Mo.
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Prohibition. Proceeding in rem. Brown on Jurisdiction, chap. 8, secs. 58, 59, 59a, 61. Action in rem must be brought in the county in which the res, or a portion thereof, is situated. Jemez Land Co. v. Antonio Jose Garcia, 15 N. M. 316; Turrill, et al. v. Walker, 4 Mich. 177; Jewett, 77, p. 567; 69 Has. 830; 93 Mo. App. 1; 106 N W. 1037; Etowah Milling Co. v. Cranshaw, 42 S. E. 709; 116 Ga. 406; Lane v. Burdick, 17 Wis. 92; Atkins, et al. v. Fraker, 32 Wis. 510; Watts v. White, 13 Calif. 321; Williams, et al. v. Ewing & Panning, 31 Ark. 234; Hammiel v. Fidelity Mut. Aid Assn., 85 Pac. 35;…
1Opinion of the Court
OPINION OP THE COURT.
PAEKEE, J.
— This is a proceeding for a writ of prohibition against John T. McClure as Judge of the District Court of Chaves County, and against said District Court. The facts giving rise to the controversy may be briefly stated as follows:
One E. E. Lund, being a judgment creditor of the Eagle Mining & Improvement Company, instituted a proceeding against said corporation as an insolvent under the provisions of chapter 79 of the laws of 1905, seeking an injunction against the further exercise of its corporate functions by it, and seeking the appointment of a receiver of its…
2Cases cited9 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
- Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
- Lang v. Choctaw, Oklahoma & Gulf R.Court of Appeals for the Eighth Circuit · 1908
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3Cited by26 opinions
- Torres v. GambleNew Mexico Supreme Court · 1966
- First Nat. Bank of Seminole v. HenshawSupreme Court of Oklahoma · 1934
- Ortiz v. GonzalesNew Mexico Supreme Court · 1958
- State v. SweatNew Mexico Court of Appeals · 1967
- Gilmore v. District Court of Fifth Judicial Dist.New Mexico Supreme Court · 1930
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