reasoning behind rule (New Mexico) · Go Syfert
← New Mexico issues

reasoning behind rule in New Mexico

7 New Mexico opinions name it 2 courts 1971–2013 0 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 (1)

CaseFollowedCited
State v. Smithgreen
nm · 1979 · cited in 1 New Mexico opinions naming this issue, 1989–1989
2 sentences

1989Defendant argues that, even though a defendant is not entitled to claim prejudice in the court’s failure to dismiss prospective jurors for bias when he has not used all of his twelve statutory challenges, State v. Smith, 92 N.M. 533, 540-41 , 591 P.2d 664, 671-72 (1979), under the facts in the present case, the reasoning behind that requirement is not applicable.

1989Defendant argues that, even though a defendant is not entitled to claim prejudice in the court’s failure to dismiss prospective jurors for bias when he has not used all of his twelve statutory challenges, State v. Smith, 92 N.M. 533, 540-41 , 591 P.2d 664, 671-72 (1979), under the facts in the present case, the reasoning behind that requirement is not applicable.

11

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
Kirby v. Guardian Life Insurance Co. of America green
nm · 2010
2 sentences

2013If this were otherwise, plaintiffs could simply ignore dismissals and file the same claim as many times as they wished, so long as the claim never progressed to a determination of the substantive issues. 2010-NMSC-014, ¶ 66 , 148 N.M. 106 , 231 P.3d 87 . {11} We note that this rule applies to preclude claims (claim preclusion/res judicata), but not issues (issue preclusion/collateral estoppel).

2013If this were otherwise, plaintiffs could simply ignore dismissals and file the same claim as many times as they wished, so long as the claim never progressed to a determination of the substantive issues. 2010-NMSC-014, ¶ 66 , 148 N.M. 106 , 231 P.3d 87 . {11} We note that this rule applies to preclude claims (claim preclusion/res judicata), but not issues (issue preclusion/collateral estoppel).

22013–2013
Heisler v. Thomas Colliery Co. yellow
scotus · 1922
2 sentences

1983The reasoning behind the rule is well stated in Heisler v. Thomas Colliery Co., 260 U.S. 245 , 43 S.Ct. 83 , 67 L.Ed. 237 (1922). “...

1983The reasoning behind the rule is well stated in Heisler v. Thomas Colliery Co., 260 U.S. 245 , 43 S.Ct. 83 , 67 L.Ed. 237 (1922). “...

11983–1983
American Bank of Commerce v. Covolo green
nm · 1975
2 sentences

1980In American Bank of Commerce v. Covolo, 88 N.M. 405 , 540 P.2d 1294 (1975) a creditor failed to perfect its security interest in a liquor license; when the principal declared bankruptcy, the creditor sued the guarantor on the principal’s indebtedness.

1980In American Bank of Commerce v. Covolo, 88 N.M. 405 , 540 P.2d 1294 (1975) a creditor failed to perfect its security interest in a liquor license; when the principal declared bankruptcy, the creditor sued the guarantor on the principal’s indebtedness.

11980–1980
Surkin v. Charteris green
ca5 · 1952
2 sentences

1972If he does not so respond, summary judgment, if appropriate, shall be entered against him." [Emphasis added] The reasoning behind the rule and the guiding principles are set forth in Surkin v. Charteris, 197 F.2d 77 (5th Cir.1952), where the court stated: "The general principles governing the motion for summary judgment are well established.

1972If he does not so respond, summary judgment, if appropriate, shall be entered against him.” [Emphasis added] The reasoning behind the rule and the guiding principles are set forth in Surkin v. Charteris, 197 F.2d 77 (5th Cir. 1952), where the court stated: “The general principles governing the motion for summary judgment are well established.

11972–1972
Mitchell v. Allison green
nm · 1949
2 sentences

1971A., 1953], The reasoning behind the rule is stated in Mitchell v. Allison, 54 N.M. 56 , 213 P.2d 231 (1949).

1971A., 1953], The reasoning behind the rule is stated in Mitchell v. Allison, 54 N.M. 56 , 213 P.2d 231 (1949).

11971–1971

Where else courts name it

TX 39 (1967–2026) IL 31 (1976–2026) CA 24 (1959–2026) PA 23 (1955–2020) TN 18 (1974–2025) MS 15 (1988–2024) OH 15 (1990–2023) LA 14 (1979–2026) FL 12 (1974–2022) IN 12 (1990–2023) NY 11 (1962–2014) AL 11 (1980–2016) MO 11 (1959–2016) KY 10 (1956–2025) AR 10 (1988–2017) MI 10 (1961–2016) MD 9 (1971–2022) MT 8 (1977–2009) AZ 7 (1968–1992) WA 7 (1961–2026) NM 7 (1971–2013) NC 7 (1979–2001) GA 6 (2006–2019) NJ 6 (1991–2013) SC 5 (1991–2015) CT 5 (1976–2000) NE 5 (1983–1989) UT 5 (1988–2019) MN 4 (1985–2016) CO 4 (2005–2016) NH 4 (2003–2014) RI 4 (1971–1993) ID 4 (1973–2012) NV 4 (1967–2015) IA 4 (1974–2018) OR 3 (1974–2025) OK 3 (1996–1997) WI 3 (1981–2022) MA 3 (1993–2006) AK 3 (1985–1997) SD 2 (1967–1997) WV 2 (1983–2007) KS 2 (1944–2017) DC 2 (1986–1998)

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.

← Caselaw search · G Cite Topics · Brief Check