Murry v. Belmore

Citations

• 21 N.M. 313
• 154 P. 705

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where on officer levies a writ of attachment on the property Of a stranger, attachment plaintiffvis liable to the claimant of the ownership and right of possession thereof, not only when he directs the wrongful levy, but also when he subsequently adopts or ratifies the officer’s acts, independently of any bond and jointly with the attaching officer.</p> <p>P. 317</p> <p>2. A question, not jurisdictional, cannot be raised for the first time on appeal. P. 318</p> <p>3.After a Verdict has been received and entered upon the minutes, and the jury has been dismissed, they have not the power to reassemble and alter their verdict. P. 318</p> <p>4. Where, from the record, it appears that attorney for appellant purposely and designedly permitted the court to reassemble the jury and correct the verdict, without objecting to such action, and thereafter sought to take advantage of the same, the appellate court will not consider such alleged error.</p> <p>P. 319</p>