Prichard v. Fulmer

Citations

• 25 N.M. 452
• 184 P. 529

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a complaint in a suit for attorney’s fees alleges that plaintiff was emrdoyed “to perform all services required to be performed by him in and about the foreclosure (of a mortgage) and the business incident thereto,” the right to compensation begins when the sale of the mortgaged premises is confirmed by the court, and not when the decree of foreclosure is signed. P. 454'</p> <p>2. A suit for attorney’s fees in such a case, begun within four years from the date of the order confirming the sale of the mortgaged premises, is not barred by the statute of limitations. P. 454</p> <p>3. Matters not called to the attention of the trial coul-t except as to questions oC jurisdiction cannot be raised for the first time on appeal. P. 455</p>