[DOWNLOAD] "Conejos County Lumber Co. v. Citizens Savings & Loan Association" by New Mexico Supreme Court " eBook PDF Kindle ePub Free

eBook details

Title: Conejos County Lumber Co. v. Citizens Savings & Loan Association
Author : New Mexico Supreme Court
Release Date : January 22, 1969
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

Appellant argues that the default judgment entered against it is void because the amount was unliquidated and was granted without proof. Sec. 21-1-1(55)(e), N.M.S.A. 1953. This argument must fail. The amount had been fixed by operation of law when the judgment against the principal debtor Jack Elder was entered prior to the issuance of the writ of garnishment against appellant. It was a liquidated amount. See Thomas v. Barbers Super Markets, Inc., 74 N.M. 720, 398 P.2d 51 (1965). Moreover, Â§ 26-2-18, N.M.S.A. 1953, provides that if the garnishee fails to answer, the court may enter a judgment against the garnishee for the full amount of the judgment rendered against the defendant. Compare Hinds v. Velasquez, 63 N.M. 282, 317 P.2d 899 (1957).