Crowell v. Kopp

Citations

• 26 N.M. 146
• 189 P. 652

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Any action on the part of a defendant, except to object to the jurisdiction of the court, which recognizes the case as pending- in the court will amount to a g-eneral appearance. P. 148</p> <p>2. The effect of a general appearance after judgment is to waive all questions as to the jurisdiction of the person of the defendant at the time of the rendition of the decree. P. 148</p> <p>3. .A general appearance after decree of foreclosure of a mortgage precludes a defendant from raising questions as to errors in the judgment. P. 148</p> <p>4. Sections 2190, 2191, 3085, 3086, 3347, and 4185, Code 1915, interpreted, and held that a decree of foreclosure of a mortgage is not such a judgment as falls within the terms of the statute, which renders a judgment dormant a'fter five years from its rendition, nor does such a decree become inoperative after seven years from its rendition. P. 149</p> <p>5. The words “final process’’ as used in Code 1915, § 3085, which provides that it shall not be necessary to bring- proceedings to revive a judgment obtained in a court of competent jurisdiction, except in cases where such judgment had been rendered for a period of five years or more next preceding the issue of “final process,” mean “execution” which, in turn, means a writ enforceable ag’ainst the property of defendant. P. 150</p>