· 3/3/1904
First National Bank v. Lewinson
Citations
- 12 N.M. 147
- 76 P. 288
Syllabus
<p>SYLLABUS.</p> <p>1. A judgment upon a judgment upon a note of a firm against a partner not served nor appearing in the first action, is not obtained upon the same cause of action as the note, and is no bar to a subsequent action on the note under section 2943, Compiled Laws of 1897.</p> <p>2. A demurrer does not admit the truth of an allegation of a legal conclusion.</p>
Judges: McFie, Mills, Parker, Pope
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