Legal Opinion

Southern California Fruit Exchance v. Stamm

New Mexico Supreme Court

Decided August 23, 1898No. 748PublishedCited by 1 opinion

Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo county. The facts are stated in the opinion of the court. Proceedings by attachment are to be strictly construed, as statutory and in derogation of the common law. Staab v. Hersch, 3 N. M. 209. A judgment by default can not be had until the jurisdiction of the subject-matter and the person of the defendant appears from the record.

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Error, from a judgment for plaintiff, to the Second Judicial District Court, Bernalillo county. The facts are stated in the opinion of the court. Proceedings by attachment are to be strictly construed, as statutory and in derogation of the common law. Staab v. Hersch, 3 N. M. 209. A judgment by default can not be had until the jurisdiction of the subject-matter and the person of the defendant appears from the record. Jamison v. Weaver, 84 la. 611; Holtzman v. Martinez, 2 N. H. 286; Gabeen v. Douglas, 1 Mo. 336. The trial of the attachment issue should precede the main issue. Comp. Laws. 1884,…

1Opinion of the CourtMcFIE, J.

On the seventeenth day of April, 1896, Martin P. Stamm, through his counsel Alonzo B. McMillen, filed in the office of the clerk of the district court of Bernalillo county a declaration in a suit to recover the sum of three hundred ($300) dollars damages on account of the failure on the part of the Southern California Fruit Exchange, ■defendant in the court below, to deliver to him a car load of ■oranges alleged to have been purchased by him. At the same time the declaration was filed, an affidavit in attachment and attachment bond were also filed in the office of the clerk of the district…

2Cases cited5 opinions

  1. Cooper v. ReynoldsSupreme Court of the United States · 1870
  2. Hardin v. LeeSupreme Court of Missouri · 1873
  3. Ritter v. ScannellCalifornia Supreme Court · 1858
  4. People ex rel. Swan v. CameronIllinois Supreme Court · 1845
  5. Rodgers v. BonnerNew York Supreme Court · 1869

3Cited by1 opinion

  1. Title Guaranty & Insurance v. CampbellNew Mexico Court of Appeals · 1987

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