FITZHUGH v. PLANT

No. 5623.

255 P.2d 683 (1953)

57 N.M. 153

FITZHUGH v. PLANT et al.

Supreme Court of New Mexico.

April 6, 1953.


Attorney(s) appearing for the Case

Garland & Sanders, Las Cruces, for appellant.

J. Benson Newell, Las Cruces, for appellees.


COMPTON, Justice.

The appeal is from an order granting summary judgment. The questions presented are (a) whether a creditor may invoke equity without first reducing his claims to judgment, and (b) whether the court erred in denying a motion to amend the pleadings.

Originally, appellant instituted this proceeding against James C. Plant alone in an action at law to recover damages sounding in tort. Thereafter, he filed an amended complaint to set aside a conveyance...

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