lawsuit claim (New Mexico) · Go Syfert
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lawsuit claim in New Mexico

7 New Mexico opinions name it 2 courts 1981–2021 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in New Mexico.

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Roybal v. Lujan De La Fuente green
nmctapp · 2009
2 sentences

2021Id. (alterations, internal quotation marks, and citation omitted).

2015Id. (alterations, internal quotation marks, and citation omitted).

32015–2021
Bank of Santa Fe v. Marcy Plaza Associates green
nmctapp · 2001
1 sentence

2009In order to bar a lawsuit under the doctrine of res judicata, four elements must be met: “(1) identity of parties or privies, (2) identity of capacity or character of persons for or against whom the claim is made, (3)[the] same cause of action, and (4)[the] same subject matter.” Id. (alteration in original) (citation omitted).

12009–2009
Miller v. Montgomery green
nm · 1967
2 sentences

2006In Miller v. Montgomery, 77 N.M. 766 , 427 P.2d 275 (1967), the Court held that a creditor who gave a cashier’s check to counsel to bring a lawsuit on the claim and who brought the action within five weeks of receipt of the cheek acted within a reasonable period of time and that there was no accord and satisfaction precluding the creditor from bringing the action.

2006In Miller v. Montgomery, 77 N.M. 766 , 427 P.2d 275 (1967), the Court held that a creditor who gave a cashier’s check to counsel to bring a lawsuit on the claim and who brought the action within five weeks of receipt of the cheek acted within a reasonable period of time and that there was no accord and satisfaction precluding the creditor from bringing the action.

12006–2006
FIRST NAT. BANK OF SANTA FE v. Espinoza green
nm · 1980
1 sentence

1985Id.

11985–1985
Francis v. Rios yellow
vid · 1972
1 sentence

1981While we think a zoning authority should consider restrictive covenants in a variance proceeding, as was suggested in Francis v. Rios, supra, the zoning authority is not bound by restrictive covenants in granting a variance.

11981–1981

Where else courts name it

TX 55 (1942–2026) CA 33 (1976–2025) IL 19 (1989–2024) WA 11 (2000–2019) NY 10 (1958–2024) OK 9 (1971–2021) MO 8 (1993–2025) NM 7 (1981–2021) UT 7 (1981–2021) ME 5 (2006–2019) OH 5 (2001–2026) GA 4 (1987–2012) ID 4 (2014–2020) FL 4 (1981–2000) PA 3 (1923–2025) WY 3 (1978–2024) VT 2 (2003–2015) LA 2 (2015–2024) TN 2 (1999–2022) CT 2 (1992–2002) AZ 2 (2005–2018) DE 2 (2024–2024) WI 2 (1963–2000) HI 2 (2006–2024) MN 2 (2009–2011) IA 2 (2007–2007)

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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