election of remedies doctrine in New Mexico

19 New Mexico opinions name it 2 courts 1943–2021 1 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
Honaker v. Ralph Pool's Albuquerque Auto Sales, Inc.green nm · 1964 · cited in 5 New Mexico opinions naming this issue, 1966–2007 2 sentences 1966In Honaker v. Ralph Pool’s Albuquerque Auto Sales, Inc., 74 N.M. 458 , 394 P.2d 978 , we quoted from Bernstein v. United States, (10 CCA 1958), 256 F.2d 697 , where it was stated “the dimensions of the lawsuit are measured by what is proven.” We further stated that “it would seem that appellees are entitled to relief in either damages or rescission.” We there held that the doctrine of election of remedies is procedural and quoted from Dial Press, Inc. v. Phillips, 23 N.J.Super. 543 , 93 A.2d 195 : “ ‘The doctrine of election of remedies * * * has its foundation in the desire of the law to elim 1966In Honaker v. Ralph Pool’s Albuquerque Auto Sales, Inc., 74 N.M. 458 , 394 P.2d 978 , we quoted from Bernstein v. United States, (10 CCA 1958), 256 F.2d 697 , where it was stated “the dimensions of the lawsuit are measured by what is proven.” We further stated that “it would seem that appellees are entitled to relief in either damages or rescission.” We there held that the doctrine of election of remedies is procedural and quoted from Dial Press, Inc. v. Phillips, 23 N.J.Super. 543 , 93 A.2d 195 : “ ‘The doctrine of election of remedies * * * has its foundation in the desire of the law to elim	3	5
Williams v. Selbygreen nm · 1933 · cited in 3 New Mexico opinions naming this issue, 1964–2005 2 sentences 1964In support of the proposition- that New Mexico follows the doctrine of election of remedies, appellants cite the following cases: Bell v. Lammon, 51 N.M. 113 , 179 P.2d 757 ; Thrams v. Block, 43 N.M. 117 , 86 P.2d 938 ; Montgomery v. First Mortgage Co., 38 N.M. 148 , 29 P.2d 331 ; and Williams v. Selby, 37 N.M. 474 , 24 P.2d 728 . 1964In support of the proposition- that New Mexico follows the doctrine of election of remedies, appellants cite the following cases: Bell v. Lammon, 51 N.M. 113 , 179 P.2d 757 ; Thrams v. Block, 43 N.M. 117 , 86 P.2d 938 ; Montgomery v. First Mortgage Co., 38 N.M. 148 , 29 P.2d 331 ; and Williams v. Selby, 37 N.M. 474 , 24 P.2d 728 .	2	3
Three Rivers Land Co., Inc. v. Maddouxgreen nm · 1982 · cited in 2 New Mexico opinions naming this issue, 2005–2009 2 sentences 2005On appeal, Employer renews this argument. {21} The election of remedies doctrine is intended "to prevent vexatious and multiple litigation of causes of action arising out of the same subject matter." Three Rivers Land Co. v. Maddoux, 98 N.M. 690, 693 , 652 P.2d 240, 243 (1982), overruled on other grounds by Universal Life Church v. Coxon, 105 N.M. 57, 58 , 728 P.2d 467, 469 (1986). 2005On appeal, Employer renews this argument. {21} The election of remedies doctrine is intended "to prevent vexatious and multiple litigation of causes of action arising out of the same subject matter." Three Rivers Land Co. v. Maddoux, 98 N.M. 690, 693 , 652 P.2d 240, 243 (1982), overruled on other grounds by Universal Life Church v. Coxon, 105 N.M. 57, 58 , 728 P.2d 467, 469 (1986).	2	2
Universal Life Church v. Coxongreen nm · 1986 · cited in 2 New Mexico opinions naming this issue, 2005–2009 2 sentences 2005On appeal, Employer renews this argument. {21} The election of remedies doctrine is intended "to prevent vexatious and multiple litigation of causes of action arising out of the same subject matter." Three Rivers Land Co. v. Maddoux, 98 N.M. 690, 693 , 652 P.2d 240, 243 (1982), overruled on other grounds by Universal Life Church v. Coxon, 105 N.M. 57, 58 , 728 P.2d 467, 469 (1986). 2005On appeal, Employer renews this argument. {21} The election of remedies doctrine is intended "to prevent vexatious and multiple litigation of causes of action arising out of the same subject matter." Three Rivers Land Co. v. Maddoux, 98 N.M. 690, 693 , 652 P.2d 240, 243 (1982), overruled on other grounds by Universal Life Church v. Coxon, 105 N.M. 57, 58 , 728 P.2d 467, 469 (1986).	2	2
Medina v. Herreragreen tex · 1996 · cited in 1 New Mexico opinions naming this issue, 2007–2007 2 sentences 2007See Williams v. Delta Steel Corp., 695 N.E.2d 633, 637 (Ind.Ct.App.1998) (holding worker could not receive workers' compensation benefits and then file a tort claim against employer because an injury cannot be both accidental and intentional); Medina v. Herrera, 927 S.W.2d 597, 600-01 (Tex.1996) (holding worker could not receive benefits under the workers' compensation act and then file a tort claim because worker was barred by the doctrine of election of remedies). 2007See Williams v. Delta Steel Corp., 695 N.E.2d 633, 637 (Ind.Ct.App.1998) (holding worker could not receive workers’ compensation benefits and then file a tort claim against employer because an injury cannot be both accidental and intentional); Medina v. Herrera, 927 S.W.2d 597, 600-01 (Tex.1996) (holding worker could not receive benefits under the workers’ compensation act and then file a tort claim because worker was barred by the doctrine of election of remedies).	1	1
Williams v. Delta Steel Corp.green indctapp · 1998 · cited in 1 New Mexico opinions naming this issue, 2007–2007 2 sentences 2007See Williams v. Delta Steel Corp., 695 N.E.2d 633, 637 (Ind.Ct.App.1998) (holding worker could not receive workers' compensation benefits and then file a tort claim against employer because an injury cannot be both accidental and intentional); Medina v. Herrera, 927 S.W.2d 597, 600-01 (Tex.1996) (holding worker could not receive benefits under the workers' compensation act and then file a tort claim because worker was barred by the doctrine of election of remedies). 2007See Williams v. Delta Steel Corp., 695 N.E.2d 633, 637 (Ind.Ct.App.1998) (holding worker could not receive workers’ compensation benefits and then file a tort claim against employer because an injury cannot be both accidental and intentional); Medina v. Herrera, 927 S.W.2d 597, 600-01 (Tex.1996) (holding worker could not receive benefits under the workers’ compensation act and then file a tort claim because worker was barred by the doctrine of election of remedies).	1	1
Ruidoso State Bank v. Garciagreen nm · 1978 · cited in 1 New Mexico opinions naming this issue, 1987–1987 2 sentences 1987He can take any permitted action or combination of actions." Citicorp Homeowners, Inc. v. Western Surety Co., 131 Ariz. 334, 336 , 641 P.2d 248, 250 (Ariz.App.1981); accord Ruidoso State Bank v. Garcia, 92 N.M. 288 , 587 P.2d 435 (1978) (the purpose of Section 55-9-501 is to abolish the doctrine of election of remedies). 1987He can take any permitted action or combination of actions." Citicorp Homeowners, Inc. v. Western Surety Co., 131 Ariz. 334, 336 , 641 P.2d 248, 250 (Ariz.App.1981); accord Ruidoso State Bank v. Garcia, 92 N.M. 288 , 587 P.2d 435 (1978) (the purpose of Section 55-9-501 is to abolish the doctrine of election of remedies).	1	1
Citicorp Homeowners, Inc. v. Western Surety Co.green arizctapp · 1981 · cited in 1 New Mexico opinions naming this issue, 1987–1987 2 sentences 1987He can take any permitted action or combination of actions." Citicorp Homeowners, Inc. v. Western Surety Co., 131 Ariz. 334, 336 , 641 P.2d 248, 250 (Ariz.App.1981); accord Ruidoso State Bank v. Garcia, 92 N.M. 288 , 587 P.2d 435 (1978) (the purpose of Section 55-9-501 is to abolish the doctrine of election of remedies). 1987He can take any permitted action or combination of actions." Citicorp Homeowners, Inc. v. Western Surety Co., 131 Ariz. 334, 336 , 641 P.2d 248, 250 (Ariz.App.1981); accord Ruidoso State Bank v. Garcia, 92 N.M. 288 , 587 P.2d 435 (1978) (the purpose of Section 55-9-501 is to abolish the doctrine of election of remedies).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
ALBUQUERQUE COMMONS v. City Council green nmctapp · 2006 2 sentences 2009Albuquerque Commons P’ship v. City Council of the City of Albuquerque (ACP II), 2006-NMCA-143, ¶2 , 140 N.M. 751 , 149 P.3d 67 . 2009Albuquerque Commons P'ship v. City Council of the City of Albuquerque (ACP II), 2006-NMCA-143, ¶ 2 , 140 N.M. 751 , 149 P.3d 67 .	3	2008–2009
Albuquerque Commons Partnership v. City Council of Albuquerque green nmctapp · 2006 2 sentences 2009Albuquerque Commons P'ship v. City Council of the City of Albuquerque (ACP II), 2006-NMCA-143, ¶ 2 , 140 N.M. 751 , 149 P.3d 67 . 2009Albuquerque Commons P'ship v. City Council of the City of Albuquerque (ACP II), 2006-NMCA-143, ¶ 2 , 140 N.M. 751 , 149 P.3d 67 .	3	2008–2009
Aronson v. Quick Point Pencil Co. green scotus · 1979 2 sentences 2011Aronson v. Quick Point Pencil Co., 440 U.S. 257, 262 , 99 S.Ct. 1096 , 59 L.Ed.2d 296 (1979) (internal quotation marks and citation omitted). 2011Aronson v. Quick Point Pencil Co., 440 U.S. 257, 262 , 99 S.Ct. 1096 , 59 L.Ed.2d 296 (1979) (internal quotation marks and citation omitted).	2	2011–2011
cluster 245485 green ca10 · 1958 2 sentences 1974The doctrine of election of remedies is "harsh and not a favorite of equity." Bernstein, supra, Rule 8(e)(2), supra, curtails the doctrine in its application to multiple claims in a single action. 1966In Honaker v. Ralph Pool’s Albuquerque Auto Sales, Inc., 74 N.M. 458 , 394 P.2d 978 , we quoted from Bernstein v. United States, (10 CCA 1958), 256 F.2d 697 , where it was stated “the dimensions of the lawsuit are measured by what is proven.” We further stated that “it would seem that appellees are entitled to relief in either damages or rescission.” We there held that the doctrine of election of remedies is procedural and quoted from Dial Press, Inc. v. Phillips, 23 N.J.Super. 543 , 93 A.2d 195 : “ ‘The doctrine of election of remedies * * * has its foundation in the desire of the law to elim	2	1966–1974
DIAL PRESS, INC. v. Phillips green njsuperctappdiv · 1952 2 sentences 1966Super. 543 , 93 A.2d 195 : "`The doctrine of election of remedies * * * has its foundation in the desire of the law to eliminate vexatious and multiple litigation of causes of action arising out of the same subject matter. * * '" See also, 18 Am.Jur., Election of Remedies, § 4. 1966In Honaker v. Ralph Pool’s Albuquerque Auto Sales, Inc., 74 N.M. 458 , 394 P.2d 978 , we quoted from Bernstein v. United States, (10 CCA 1958), 256 F.2d 697 , where it was stated “the dimensions of the lawsuit are measured by what is proven.” We further stated that “it would seem that appellees are entitled to relief in either damages or rescission.” We there held that the doctrine of election of remedies is procedural and quoted from Dial Press, Inc. v. Phillips, 23 N.J.Super. 543 , 93 A.2d 195 : “ ‘The doctrine of election of remedies * * has its foundation in the desire of the law to elim	2	1964–1966
Buckingham v. Ryan green nmctapp · 1997 1 sentence 2021Buckingham recognized that principle, 1998-NMCA-012, ¶ 7 , and separately applied the rule that, under the doctrine of election of remedies, a seller may not both retain amounts paid pursuant to a liquidated damages provision 13 and seek damages for breach of contract, see id. ¶¶ 17-22.	1	2021–2021
Romero v. J. W. Jones Construction Co. green nmctapp · 1982 2 sentences 2007Id. "`[C]ommencement of the action is not of itself a conclusive choice of remedies.'" Id. (quoting Honaker v. Ralph Pool's Albuquerque Auto Sales, Inc., 74 N.M. 458, 464 , 394 P.2d 978, 982 (1964)). {24} In Romero , the Court of Appeals indicated that, had the worker received a compensation award (judgment) and then filed a tort action, the tort claim would have been barred by the worker's election. 2007Id. "`[C]ommencement of the action is not of itself a conclusive choice of remedies.'" Id. (quoting Honaker v. Ralph Pool's Albuquerque Auto Sales, Inc., 74 N.M. 458, 464 , 394 P.2d 978, 982 (1964)). {24} In Romero , the Court of Appeals indicated that, had the worker received a compensation award (judgment) and then filed a tort action, the tort claim would have been barred by the worker's election.	1	2007–2007
Eldridge v. Circle K Corp. green nmctapp · 1997 2 sentences 2007Thus, we see nothing in Romero that would interpose the doctrine of election of remedies as a defense for the employer, at least not before a worker has taken the compensation claim to final judgment. {25} Indeed, as our Court of Appeals noted in Eldridge , the workers' compensation judge should avoid any final adjudication of the cause of an injury, and therefore any problem with an election of remedies, when it might interfere with a district judge tasked with the same decision in a pending Delgado suit. 1997-NMCA-022, ¶¶ 29-30 , 123 N.M. 145 , 934 P.2d 1074 . 2007Thus, we see nothing in Romero that would interpose the doctrine of election of remedies as a defense for the employer, at least not before a worker has taken the compensation claim to final judgment. {25} Indeed, as our Court of Appeals noted in Eldridge , the workers' compensation judge should avoid any final adjudication of the cause of an injury, and therefore any problem with an election of remedies, when it might interfere with a district judge tasked with the same decision in a pending Delgado suit. 1997-NMCA-022, ¶¶ 29-30 , 123 N.M. 145 , 934 P.2d 1074 .	1	2007–2007
Buhler v. Marrujo green nmctapp · 1974 1 sentence 1982Three Rivers and Marvel contend that the doctrine is no longer applicable in New Mexico and rely on Buhler v. Marrujo, 86 N.M. 399 , 524 P.2d 1015 (Ct.App.1974).	1	1982–1982
Buhler v. Marrujo green nmctapp · 1974 1 sentence 1982Three Rivers and Marvel contend that the doctrine is no longer applicable in New Mexico and rely on Buhler v. Marrujo, 86 N.M. 399 , 524 P.2d 1015 (Ct.App.1974).	1	1982–1982
Montgomery v. First Mortgage Co. neutral nm · 1934 2 sentences 1964In support of the proposition- that New Mexico follows the doctrine of election of remedies, appellants cite the following cases: Bell v. Lammon, 51 N.M. 113 , 179 P.2d 757 ; Thrams v. Block, 43 N.M. 117 , 86 P.2d 938 ; Montgomery v. First Mortgage Co., 38 N.M. 148 , 29 P.2d 331 ; and Williams v. Selby, 37 N.M. 474 , 24 P.2d 728 . 1964In support of the proposition- that New Mexico follows the doctrine of election of remedies, appellants cite the following cases: Bell v. Lammon, 51 N.M. 113 , 179 P.2d 757 ; Thrams v. Block, 43 N.M. 117 , 86 P.2d 938 ; Montgomery v. First Mortgage Co., 38 N.M. 148 , 29 P.2d 331 ; and Williams v. Selby, 37 N.M. 474 , 24 P.2d 728 .	1	1964–1964
Thrams v. Block green nm · 1938 2 sentences 1964In support of the proposition- that New Mexico follows the doctrine of election of remedies, appellants cite the following cases: Bell v. Lammon, 51 N.M. 113 , 179 P.2d 757 ; Thrams v. Block, 43 N.M. 117 , 86 P.2d 938 ; Montgomery v. First Mortgage Co., 38 N.M. 148 , 29 P.2d 331 ; and Williams v. Selby, 37 N.M. 474 , 24 P.2d 728 . 1964In support of the proposition- that New Mexico follows the doctrine of election of remedies, appellants cite the following cases: Bell v. Lammon, 51 N.M. 113 , 179 P.2d 757 ; Thrams v. Block, 43 N.M. 117 , 86 P.2d 938 ; Montgomery v. First Mortgage Co., 38 N.M. 148 , 29 P.2d 331 ; and Williams v. Selby, 37 N.M. 474 , 24 P.2d 728 .	1	1964–1964
Bell v. Lammon green nm · 1947 2 sentences 1964In support of the proposition- that New Mexico follows the doctrine of election of remedies, appellants cite the following cases: Bell v. Lammon, 51 N.M. 113 , 179 P.2d 757 ; Thrams v. Block, 43 N.M. 117 , 86 P.2d 938 ; Montgomery v. First Mortgage Co., 38 N.M. 148 , 29 P.2d 331 ; and Williams v. Selby, 37 N.M. 474 , 24 P.2d 728 . 1964In support of the proposition- that New Mexico follows the doctrine of election of remedies, appellants cite the following cases: Bell v. Lammon, 51 N.M. 113 , 179 P.2d 757 ; Thrams v. Block, 43 N.M. 117 , 86 P.2d 938 ; Montgomery v. First Mortgage Co., 38 N.M. 148 , 29 P.2d 331 ; and Williams v. Selby, 37 N.M. 474 , 24 P.2d 728 .	1	1964–1964
Porter v. Alamocitos Land & Livestock Co. green nm · 1925 1 sentence 1943Porter v. Alamocitos Land & Livestock Co., 32 N.M. 344 , 2S6 P. 179.	1	1943–1943

Statutes the citing opinions construe

USC § 42u.s.c.1983 (5) NM § N.M. Stat. § 56-8-4 (4) USC § 28u.s.c.1961 (4) USC § 42u.s.c.1988 (4) NM § N.M. Stat. § 21-1-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 102 (1913–2025) IL 49 (1920–2025) NY 49 (1904–2026) FL 44 (1907–2024) CA 41 (1923–2025) TN 28 (1934–2025) MO 26 (1942–2025) AR 22 (1958–2021) IN 22 (1916–2010) MN 21 (1933–2019) MI 21 (1908–2026) NC 21 (1957–2025) PA 20 (1978–2024) NM 19 (1943–2021) WI 19 (1902–2021) RI 17 (1962–2026) IA 15 (1906–2015) WA 14 (1938–2025) SC 14 (1987–2021) NE 11 (1906–2025) CT 11 (1947–2024) MD 11 (1959–2024) UT 10 (1979–2026) OK 10 (1926–2020) MS 9 (1908–2012) GA 9 (1942–2017) AZ 9 (1975–2018) KY 9 (1932–2023) NJ 8 (1938–1985) OH 8 (1979–2023) KS 8 (1909–2021) DC 6 (1991–2023) DE 6 (1963–2020) SD 6 (1932–2018) ME 5 (1955–2012) ID 5 (1917–2026) HI 4 (1995–2008) OR 4 (1970–2022) WY 4 (1924–2012) LA 4 (1980–1993) AL 3 (1979–1989) MT 3 (1990–1993) ND 2 (1988–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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