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CHAVEZ v. ATKINSON

No. 28.

428 P.2d 985 (1967)

78 N.M. 130

Manuel CHAVEZ, Plaintiff-Appellant, v. Gaynor E. ATKINSON, Preston Strunk a/k/a Preston Colby and Western Surety Company, a corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

May 26, 1967.

Attorney(s) appearing for the Case

Rozier E. Sanchez and Eugene E. Klecan, Albuquerque, for appellant.

John P. Duffy, Farlow & Duffy, Albuquerque, for appellees Atkinson and Western Surety Co.

Preston Strunk, pro se.

OPINION

WOOD, Judge.

Atkinson is a justice of the peace and Western Surety Company is his surety. Atkinson issued a writ of execution directed against the goods and chattels of plaintiff. The writ was given to Strunk for service. The amended complaint seeks damages for assault, battery and false arrest alleged to have been committed by Strunk while serving the writ. It is alleged that Atkinson acted beyond the scope of his authority in giving the writ to...

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