RUBALCAVA v. GARST

No. 6008.

293 P.2d 656 (1956)

61 N.M. 10

Margarita RUBALCAVA, Plaintiff-Appellant, v. Stephen Q. GARST, Administrator of the Estate of Emilio Papa, Deceased, and the National Surety Company of New York, New York, a corporation, and Mrs. Jennie Innerbichler, Attorney in Fact, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied March 1, 1956.


Attorney(s) appearing for the Case

William J. Eaton, Socorro, for appellant.

Marron & McRae, Joseph Phil Click, Albuquerque, for appellees.


McGHEE, Justice.

The plaintiff appeals from a summary judgment entered by the lower court dismissing her complaint upon the ground that the matters sought to be adjudicated thereunder have been settled by prior final decree entered in the probate proceedings upon the estate of Emilio Papa, deceased.

Before proceeding to a description of the plaintiff's complaint and the matters raised on this appeal, a brief reference to prior litigation affecting the said...

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