Alzugaray v. Onzurez

Citations

• 25 N.M. 662
• 187 P. 549

Syllabus

<p>SYLLABUS BY THE COURT '</p> <p>1. The provisions of Soldiers’ and Sailors’ Relief Act March 8, 1918, c 20, § 200, 40 Stat. 441 (U. S. Comp. St. 1918, U. S. Comp. St. Ann. Supp. 1919, § 3078%bb), requiring the plaintiff, beforé entry of judgment against a defendant in default, to file an affidavit that defendant is not in the military service, does not entitle the defendant, who was not in such service, to set aside a default judgment against him, where such affidavit was not filed before default judgment was taken.</p> <p>P. 663</p> <p>2. Such failure by the plaintiff to file such affidavit before taking default judgment is not an irregularity for which judgment may be set aside under section 4230, Code 1915. P. 665</p>