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HUBBARD v. HOWELL

No. 12321.

607 P.2d 123 (1980)

94 N.M. 36

R.D. HUBBARD, Plaintiff-Appellant, v. G.B. HOWELL, a/k/a James Howell, Defendant-Appellee.

Supreme Court of New Mexico.

February 12, 1980.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, George T. Harris, Jr., Albuquerque, Walter R. Parr, Las Cruces, for plaintiff-appellant.

Martin, Martin, Lutz & Cresswell, William L. Lutz, Las Cruces, for defendant-appellee.

OPINION

EASLEY, Justice.

Appellant Hubbard sued in Dona Ana County to enforce a judgment lien against appellee, Howell, based on a judgment out of Santa Fe District Court. The trial court held for Howell and Hubbard appeals. We reverse.

There are three issues: (1) whether the Santa Fe court had subject matter jurisdiction to enter judgment on Hubbard's third-party claim against Howell; (2) whether the dismissal of the Santa Fe suit with prejudice...

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