Noce v. Noce

291 P. 293, 35 N.M. 156
CourtNew Mexico Supreme Court
DecidedAugust 19, 1930
DocketNo. 3230.
StatusPublished
Cited by1 cases

This text of 291 P. 293 (Noce v. Noce) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Noce v. Noce, 291 P. 293, 35 N.M. 156 (N.M. 1930).

Opinion

OPINION OF THE COURT

WATSON, J.

• As pointed out when this cause was before us on a motion to dismiss the writ of error, it is now moot. Noce v. Noce, 34 N. M. 335, 281 P. 460: We overruled the motion because of a possible liability of the plaintiff in error upon the injunction bond.

On consideration of the briefs upon the merits, and bearing in mind that no such claim of liability may ever be made, we conclude that it would not be advisable for this court to spend the time necessary to determine the various claims of error.

The judgment will be affirmed without prejudice to any further proceedings involving liability upon the injunction bond. The cause will be remanded. It is so ordered.

PARKER and CATRON, JJ., concur. BICKLEY, C. J., and SIMMS, J., did not participate.

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Related

State v. Vogel
41 P.2d 1107 (New Mexico Supreme Court, 1935)

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Bluebook (online)
291 P. 293, 35 N.M. 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noce-v-noce-nm-1930.