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JARAMILLO v. O'TOOLE

No. 13708.

639 P.2d 1199 (1982)

97 N.M. 345

Joseph M. Jaramillo, Petitioner-Appellant, v. Hon. James M. O'TOOLE, Magistrate, Division II of the Magistrate Court, in and for Bernalillo County, New Mexico, Respondent-Appellee.

Supreme Court of New Mexico.

February 3, 1982.

Attorney(s) appearing for the Case

David A. Grammer, III, Albuquerque, for petitioner-appellant.

Harold H. Parker, Angelo J. Jewell, Albuquerque, for respondent-appellee.

OPINION

EASLEY, Chief Justice.

Wil-Don Inc. sued Jaramillo in magistrate court, alleging breach of contract. The case was tried before a jury, which found in favor of Jaramillo. Wil-Don moved for judgment notwithstanding the verdict; the magistrate judge denied the motion and instead ordered a new trial. Jaramillo then sought a writ of prohibition from district court. The permanent writ was denied, and Jaramillo appeals the district court's decision. We...

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