Board of Education v. Astler

Citations

• 21 N.M. 1
• 151 P. 462

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. While a defendant in a civil action in the justice of the peace court is not required to file a written answer, and the same rule applies on appeal from the justice of the peace court to the district court, yet where in such cases a defendant elects to file a written answer he should be held to be confined to the issues he thereby tenders and to abandon such defenses as he fails to set out. P. 3</p> <p>2. In an action of unlawful, detainer the notice to vacate, required by Laws 1901, c. 32,. may be waived by the defendant. . P. ,4</p> <p>3. In an action for unlawful detainer the landlord, although before bringing such action he has rented the premises to another, is the • proper party plaintiff. . . P. 4</p> <p>4. A mistake in the name of a corporation party plaintiff which might have'been corrected by'the trial judge, either before or after judgment (Comp. Laws' 1897, § 2685, sub-secs. 82-8,6]. and where there can be no question, as to. the. identity of the corporation suing, will not be considered .on appeal. • .• • • ■ ■ ■ p. 4</p>