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26 N.M. 175

Coenett v. Fulfeb

New Mexico Supreme Court

Decided December 4, 1919

New Mexico Supreme Court · decided 1919-12-04

<p>Appeal from District Court, De Baca County; Bich-ardson, Judge.</p> <p>Action by J. H. Cornett against J. P. Fulfer. Judgment for plaintiff, and defendant appeals.</p>

Cited by 1 later decisions — most recently April 1982

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1919-12-04

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¶1OPINION OF THE COURT.

PABltEB, C. J.

¶2The record in this case does not contain either a final judgment or an interlocutory judgment, order, or decision practically disposing of the merits of the case. The record does contain a memorandum opinion of the trial court upon a proposition of law, but nothing else in the nature of a judgment. -The memorandum opinion recites that an order may be prepared in accordance therewith; but, if any order or judgment was prepared, it was omitted from the record on this appeal.

¶3Appeals are allowed in all civil actions from final' judgments, and from such interlocutory judgments, orders, and decisions as practically dispose of the merits of the action. Sections 1 and 2, chapter 43, Laws 1917. As there is no judgment, order, or decision, final or interlocutory, contained in the record, the motion of ap-pellee to dismiss the appeal is granted; and it is so ordered.

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