Ortega v. Vigil

Citations

• 22 N.M. 18
• 158 P. 487

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Section 4230, Code 1915, which provides that, ■ “Judgments may he set aside for irregularity, on motion filed aLany time within one year after the rendition thereof,” applies to judgments rendered out of term time upon default.</p> <p>P. 20</p> <p>2. An answer filed by a defendant, after the time to file the same has expired, and before judgment of default has been entered by the court, is not a nullity, and so long as answer remains on file and undisposed of, plaintiff is not entitled to a judgment by default, and the rendition of such judgment constitutes an irregularity for which the judgment rendered may be set aside upon motion filed at any time within one year from the date of the rendition of such judgment.</p> <p>P. 21</p> <p>3. Failure of a defendant to serve a copy of an answer filed by him upon plaintiff’s counsel does not warrant the rendition of a default judgment against such defendant.</p> <p>P. 23</p>