· 2/4/1911
Dye v. Meece
Citations
- 16 N.M. 191
- 113 P. 839
Syllabus
<p>SYLLABUS.</p> <p>1. “No act is decisive so as to constitute a conclusive election unless the remedial right, upon which such act is based, is irreconcilable with the remedial right which the subsequent action or suit is brought to enforce.”</p> <p>2. The action of appellant in filing her second petition in the probate court did not constitute an election of remedies on her part.</p>
Judges: Dis, Mechem, Roberts, Sent, Wright
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