Northcutt v. King

Citations

• 23 N.M. 515
• 169 P. 473

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The irregularity which justifies the setting aside of a judgment within one year' from its rendition, under provisions of section 4230, Code 1915, is defined to be the want of adherence to some prescribed rule or mode of proceeding; and it consists either in omitting to do something that is necessary for the due and orderly conducting of a suit, or doing it in an unseasonable time or improper manner. It is a departure from some prescribed rule or regulation.</p> <p>P. 516</p> <p>2. In an action upon a foreign judgment, where the answer pleads the bar of the statute of limitations (section 3347, Code 1915), and the reply sets up nonresidence as a defense to the bar of the statute (section 3352, Code 1915), a judgment entered upon the theory that defendants had agreed to file an affidavit as to residence, and had failed to do so, was irregular, in that there is no statute and no order of court •requiring such affidavit; for which reasons the entry of the judgment was contrary to the course of law and practice of the courts. P. 519</p>