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· 8/23/1898

Southern California Fruit Exchance v. Stamm

Citations

  • 9 N.M. 361
  • 9 Gild. 361

Syllabus

<p>syllabus by the court.</p> <p>Appeal — Review — Exceptions — Attachment — Judgment in Rem — Pleadings — Harmless Error. — 1. This court will not review alleged errors, where exceptions were not taken out at the time and preserved.</p> <p>2. An attachment is auxiliary where a personal judgment is sought, but it is an original attachment where a judgment in rem only is sought.</p> <p>(a) The court has jurisdiction to render a judgment in rem, where a levy o£ defendant’s property has been made under a valid writ of attachment, and service by publication had as required by law, notwithstanding the return of the officer was not made until after judgment was taken.</p>

Judges: Hills, Leland, McFie, Orumpacker, Parker

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