Pecos Valley Trading Co. v. Atchison, T. & S. F. Ry. Co.

Citations

• 24 N.M. 480
• 174 P. 736

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. In an action by a shipper against a carrier to recover for a failure of the carrier to divert, carry, or deliver goods or merchandise, the fact that the property was taken from the carrier by virtue of legal process, fair on its face, in an action of which the shipper was given prompt notice by the carrier, and in which the shipper was either party, was heard, or had an opportunity to be heard, is a complete defense and bar to the action. P. 483</p> <p>2. tvhere the goods are taken from the bailee by legal' process, and he gives notice thereof to the owner so that the owner has the opportunity to litigate his right to the property, the bailee is discharged. P. 484</p> <p>3. Conclusions of law based on findings of fact outside1 the issues raised by the pleadings cannot be sustained, and' will not support a judgment. P. 484</p> <p>4. Where a bailor has due notice of the proceedings in which the property is taken from the bailee, and the-court has jurisdiction, it is the duty of the bailor to protect his interests in such litigation,, and if he fails to do so, it is of no importance whether the action of the court in sustaining the attachment proceedings or other action was erroneous as a matter of law or not. P. 485</p>