Flournoy v. Bullock, Baker & Co.

Citations

• 11 N.M. 87
• 55 L.R.A. 745

Syllabus

<p>SYLLABUS.</p> <p>1. The former decision of this court when this ease was last before it, upon substantially the same evidence, is the law of the case, and will not be reviewed.</p> <p>2. Sections 2947-8-9, Compiled Laws of 1897, regarding interventions, refer solely to actions at law, and not to suits in equity.</p> <p>3. Where a partnership is thrown into the hands of a receiver in order that its property may be converted into cash and the proceeds divided among its creditors, a simple contract creditor who has no lien on the property, can not intervene in the suit and secure a judgment against the partnership and one of its members, but is relegated to an action at law to secure such judgment, the defendants being entitled to a trial by jury.</p>