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CALLAWAY v. RYAN

No. 6614.

354 P.2d 999 (1960)

67 N.M. 283

J.F. CALLAWAY, Administrator of the Estate of Elmer P. SMITH, Deceased, Plaintiff-in-Error, v. Reldon L. RYAN and Alice Ryan, his wife, Jewell E. Oliver and Mary Oliver, his wife, et al., Defendants-in-Error.

Supreme Court of New Mexico.

August 23, 1960.

Attorney(s) appearing for the Case

William H. Darden, Raton, for plaintiff-in-error.

V.A. Doggett, Raton, for defendants-in-error Oliver.

Robertson & Skinner, Raton, for remaining defendants-in-error.

COMPTON, Chief Justice.

This matter comes before this court on a writ of error to review a judgment dismissing the amended complaint of intervenor. The parties will be referred to as they appeared in the court below. The pertinent facts consist of the dates and manner in which the various pleadings were filed.

The plaintiffs in the court below filed a claim of mechanic's lien on certain properties in Raton on February 25, 1956. On February 27, 1956, the intervenor...

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