TOM FIELDS, LTD. v. TIGNER

No. 6083.

301 P.2d 322 (1956)

61 N.M. 382

TOM FIELDS, Ltd., Plaintiff in Error (Intervenor below), v. R.M. TIGNER, Defendant in Error (Plaintiff below), and Owl Drug Company, Inc., and Maurice A. Smith and Eleanor B. Smith, Defendants in Error (Defendants below).

Supreme Court of New Mexico.

September 6, 1956.


Attorney(s) appearing for the Case

Carpenter, Eaton & Phelps, Roswell, for Tom Fields, Ltd., plaintiff in error.

Atwood & Malone, Roswell, for R.M. Tigner, defendant in error.


SADLER, Justice.

We are called upon in this proceeding on writ of error to determine whether an abuse of discretion appears in the action of the trial court in denying the petition of the plaintiff in error to intervene in a suit to foreclose a chattel mortgage on a stock of merchandise in the custody of a receiver appointed by the court incident to foreclosure.

The suit out of which the order before us for review arises was filed June 1, 1951, in the district...

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