(Download) "Hale v. Brewster" by New Mexico Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hale v. Brewster
- Author : New Mexico Supreme Court
- Release Date : January 23, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
On October 11, 1968, appellant filed a motion under Rule 60(b) [§ 21-1-1(60)(b), N.M.S.A. 1953], seeking to have the default judgment against him vacated, and claiming that the default occurred because of his mistake, inadvertence, surprise or excusable neglect in that the summons in the cause had been served on appellants mother in his absence, and he had no knowledge of the fact until after the judgment had been entered. Further, in the motion appellant asserts a defense because of the claimed fraud of appellee in taking a note from appellant to cover an attorney fee when appellee had been appointed by the court to represent appellant on a criminal charge and, thereafter, had been paid and had accepted an $85.00 fee from the court for such representation, which appellant had assumed satisfied his obligation to appellee. Thereafter, the order appealed from herein was entered denying the motion to vacate, but reducing the judgment previously entered by the amount of $85.00, being the payment made from the court fund.
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