New Mexico-Colorado Coal & Mining Co. v. Eighth Judicial District Court

Citations

• 21 N.M. 728
• 158 P. 489

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Where an application is made to this court for a writ of prohibition to restrain the district court from entertaining jurisdiction under section 2214, Code 1915, in proceedings supplementary to execution to enforce the collection of a judgment rendered against a corporation, and such original judgment has been vacated and set aside by this court on appeal, and a new judgment ordered entered by the district court, the original execution issued upon the first judgment becomes functus officio; hence it is to he presumed that the district court will not proceed further, under such supplementary proceedings, in aid thereof, and the application for the writ will he denied.</p>