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GALLUP TRADING COMPANY v. MICHAELS

No. 9897.

523 P.2d 548 (1974)

86 N.M. 304

GALLUP TRADING COMPANY, Plaintiff-Appellee, v. Eddie MICHAELS, Defendant. Don OWEN, aka Donald Owen, Defendant-Cross-Claimant-Appellant, v. Arthur W. ROGERS, Cross-Defendant-Appellee.

Supreme Court of New Mexico.

June 7, 1974.

Attorney(s) appearing for the Case

Joan K.L. Roberts, Santa Fe, for defendant-cross-claimant-appellant.

No appearance for appellees.

OPINION

MONTOYA, Justice.

This is an appeal from the denial of a motion to abate execution. The record discloses that on July 14, 1971, plaintiff-appellee Gallup Indian Trading Company (Gallup), filed suit in the District Court of McKinley County against defendants Donald Owen and Eddie Michaels, jointly and severally, on a promissory note dated January 1, 1967. Service was obtained on Owen (appellant) but not upon Michaels. On November 5, 1971, appellant...

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