Bario v. Blumner

Decided January 15, 1873

New Mexico Supreme Court · decided 1873-01-15

<p>Judgment without Submission to Juby Ebkoneous, WnEN. — After a plea of the general issue in an action for the recovery of real property, a judgment rendered in the absence of the defendant, and without a submission to a jury, is erroneous and must be reversed.</p>

Cited by 1 later decisions — most recently May 1932

Good law ✅— No negative treatment on recordhow we know

Decided 1873-01-15

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¶1By Court,

Bristol, J.:

¶2This is an action brought in the district court, in and for the third district and county of Dona Ana. The defendants appeared and pleaded the general issue. In 1868, at the June term of that court, in the absence of the defendants, and without submitting the case to a jury, the court rendered judgment in favor of the plaintiff for the recovery of the possession of the real property described in the petition, and for costs of suit. The record is before this court for review on writ of error. The court below had no authority in the premises to render judgment except upon trial and inquest by a jury and verdict found: Vide Comp. Laws of N. M., sec. 40, p. 200.

¶3The judgment, therefore, is reversed, and the cause remanded to the court below for trial.