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MARR v. NAGEL

No. 5744.

278 P.2d 561 (1954)

59 N.M. 21

Robert M. MARR, Plaintiff-Appellee, v. Eugene NAGEL, Defendant-Appellant, Cross-Appellee, Frank Cohn, Defendant-Appellee. Joseph L. TAPIA, Administrator of the Estate of John N. Tapia, Jr., deceased; and the Estate of John N. Tapia, Jr., deceased, Defendants, Cross-Claimants, v. NAGEL, and Cross-Appellants. J. V. Russell and Opal Russell, his wife, Intervenors, Cross-Appellants.

Supreme Court of New Mexico.

December 28, 1954.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Benigno C. Hernandez, Jr., Albuquerque, for Robert M. Marr.

Iden & Johnson, Albuquerque, for Eugene Nagel.

Simms & Modrall, George T. Harris, Jr., Albuquerque, for Frank Cohn.

Vance Mauney, Albuquerque, for Joseph L. Tapia, administrator, and estate of John N. Tapia, Jr., deceased.

Joseph L. Smith, Arturo G. Ortega, Albuquerque, for intervenors Russell.

FRED J. FEDERICI, District Judge.

This case has heretofore been ruled upon by this Court on motions to dismiss and strike briefs in Marr v. Nagel, 58 N.M. 479, 272 P.2d 681, and in order not to unduly prolong this opinion reference is made to that case for a general statement of the facts.

In the instant case, which is the appeal proper, the first assignment of error is stated as follows:

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