Riverside Irrigation Co. v. Cadwell

Citations

• 21 N.M. 666

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Where a defendant corporation is sued upon a contract, which recites that such corporation is organized under the laws of a given state, and the complaint in such action erroneously alleges that such corporation was organized under the laws of another state, and process is served upon the statutory agent of the corporation, which was a party to the contract, and it appears that such corporation had full notice of the fact that it was the corporation intended to be sued, and judgment by default is rendered against such corporation, it cannot, upon the sole ground that it was erroneously alleged to have been incorporated and organized under the laws of a given state, when in truth and in fact it was organized under the laws of another state, attack such judgment.</p>