CHAVEZ v. SEDILLO

No. 5917.

284 P.2d 1026 (1955)

59 N.M. 357

Arthur CHAVEZ, Plaintiff-Appellant, v. Dan R. SEDILLO, also known as Dan Sedillo, being one and the same person, and Emelia Sedillo, wife of said Dan Sedillo; Realty Mortgage and Investment Company, a corporation; The Western and Southern Life Insurance Company, a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

On Motion for Rehearing June 9, 1955.

Rehearing Denied June 19, 1955.


Attorney(s) appearing for the Case

Manuel A. Sanchez, Santa Fe, for appellant.

Harry L. Bigbee, Donnan Stephenson, Santa Fe, for appellees.


McGHEE, Justice.

The lower court gave judgment for the defendants on the pleadings in this action to foreclose a mechanic's lien upon the ground a fatal variance existed between the allegations of the plaintiff's pleadings and the claim of lien upon which he relied. The plaintiff appeals.

The order granting motion for judgment on the pleadings did not specify the nature of the fatal variance, but it appears from the briefs of counsel here that argument was...

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