Bateman v. Gitts

Citations

• 17 N.M. 619
• 133 P. 969

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. A decree, which provides that A shall have a first lien upon certain shares of stock of a bank, and that B shall have a second lien upon such stock, but which requires A to comply with certain conditions imposed, within sixty days, and provides that in the event of A’s failure to so comply B shall have a first lien and A’s lien shall be inferior and second to B’s lien; and which decree further provides for the sale of said collateral, by a receiver appointed, under further orders of the court to be made, and directs said receiver to hold the proceeds so realized “subject to the further orders of the court,” is not a final decree.</p> <p>2. Where further action of the court is necessary, in a cause, to give completely the relief contemplated by the court, the decree upon which the question arises is interlocutory and not final.</p> <p>3.The trial court has the right, upon entering final judgment in a cause, to disregard the requirements and conditions imposed in an interlocutory decree, theretofore entered.</p>