ADAMS & McGAHEY v. NEILL

No. 5722.

276 P.2d 913 (1954)

58 N.M. 782

ADAMS & McGAHEY v. CLYDE B. NEILL.

Supreme Court of New Mexico.

November 26, 1954.


Attorney(s) appearing for the Case

V.A. Doggett, Raton, for appellant.

Adolf J. Krehbiel and Charles D. Alsup, Clayton, for appellee.

Geo. L. Reese, Jr., Carlsbad, New Mexico, Robert W. Botts, Albuquerque, New Mexico, amici curiae for appellee.


PER CURIAM.

Briefs having been filed by the parties and by amici curiae on motion for rehearing, the opinion heretofore filed in this cause is withdrawn and the following substituted therefor.

SEYMOUR, Justice.

In the trial court defendant filed his answer to plaintiff's complaint, the answer containing denials of essential allegations of the complaint; further set forth in defendant's answer were two affirmative...

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