First Nat. Bank of Elida v. George

Citations

• 26 N.M. 46
• 189 P. 240

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. In an action in attachment where defendant appears and moves to quash a writ but does not plead to the complaint, a judgment by default on the case in chief may be properly entered against him, although the motion to quash the writ is still undetermined. P. 48</p> <p>2. Obvious clerical errors in the exhibit attached to a complaint may be disregarded when a default judgment is taken or corrected subsequently to correspond to the proof offered. P. 50</p>