Glasgow v. Peyton

Citations

• 22 N.M. 97
• 159 P. 670

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Section 4157, Comp. Laws 1897 (section 5509, Code 1915), was not repealed by chapter 84, Laws 1913. Case of Crane v. Cox, 18 N. M. 377, 137 Pac. 589, distinguished.</p> <p>P. 101</p> <p>2. In an affidavit for attachment, under section 4311, Code 1915, it is not necessary, where defendant is a nonresident, to state in such affidavit the residence of the defendant, 'if known, or the fact that his place of residence is unknown, where such is the fact, nor is it necessary for a copy of the complaint and summons to be mailed to such defendant, as required in ordinary civil actions by section 4096, Code 1915.</p> <p>P. 103</p> <p>3. Where the state proceeds in attachment, and sells prop-</p> <p>erty of the attachment defendant to satisfy a claim' for taxes, and such defendant later brings suit to quiet his title to such property so sold, against the purchaser thereof, under such sale, and alleges facts attacking the right of the state to proceed in a given statutory method (section 5509, Code 1915), and the complaint shows on its face that the state did not thus proceed, such complaint is demurrable because it states no facts showing that the judgment in attachment was' void. P. 103</p>