27 N.M. 275 | N.M. | 1921
OPINION OF THE COURT.
G. J. Coury, on the 4th day of February, 1918, filed suit in the district court of Guadalupe county against Mauricio Chavez in assumpsit, and sued out a writ of attachment, and also filed a lis pendens notice on certain real estate. The real estate covered by the attachment and lis pendens was lots 21 and 22 in block 127 of the town of Santa Rosa. Chavez did not appear, and judgment by default went against him on the account. After the attachment was served and the lis pen-dens filed, Chavez sold the real estate in question to Braulio Rivera and wife, who subsequently transferred it to Hilario Baca. It does not appear whether the real estate was ever sold under the writ of attachment from the record before the court. An order of sale was made, however, on the 31st day of November, 1919. On the 20th day of April, 1921, Hilario Baca, plaintiff in error, filed a motion asking that he be permitted to enter a special appearance in the cause, which was apparently granted, and he moved to quash the writ of attachment because the attachment bond had not been approved by the clerk of the district court and because the clerk had not indorsed his approval upon the bond. The court denied the motion to quash, to review which' order Baca sued out a writ of error from this court.
The petition for the writ of error was entitled “Hilario Baca, Plaintiff in Error, v. G. J. Coury, Defendant in Error.” Chavez was not made a party defendant. Defendant in error has filed a motion to dismiss the writ of error on ,+wo grounds:
First, that the cause wag-* .properly entitled, in that Baca was not a party ’ " 'the court below. There is no merit in this, because the record before the court now shows that he was allowed to intervene.
For the reasons stated, the motion to dismiss the writ of error will be denied; and it is so ordered.