249 P. 1013 | N.M. | 1926
[1] One of the grounds of the motion to quash,
[1] 6CJ p. 39 n. 80. [2, 3] 4CJ p. 839 n. 26, 27; p. 840 n. 33; 34CJ p. 365 n. 67; p. 429 n. 83. [4] 4CJ p. 1342 n. 40, 41, 45. [5] 3CJ p. 689 n. 41. *640
and one of the contentions here, is that, since the plaintiff is a citizen of Colorado, the remedy by attachment is not available to him. Pennoyer v. Neff,
[2, 3] The ground of error most seriously urged is the overruling of the motion to vacate the judgment. Rendered out of term time, upon default, it was within the power of the district court to set it aside upon good cause shown. Code 1915, § 4227. Such power was discretionary. Lasswell v. Kitt,
[4] There having been no personal service on the defendants, it is urged as error that the court rendered personal judgment for the debt. Again Pennoyer v. *641
Neff, supra, is cited. Defendant in error does not question the principle relied upon, but contends that plaintiffs in error, by moving, on the ground stated above, to vacate the judgment, and asking further time to plead, appeared generally, and thus waived all question as to jurisdiction over their persons. We must sustain the contention of defendant in error upon the authority of Fowler v. Casualty Co.,
[5] Other errors are assigned, but cannot be considered, as they relate to questions not called to the attention of, nor decided in, the trial court. Laws 1917, c. 43, § 37; Garcia v. Silva,
Finding no available error, we affirm the judgment and remand the cause, and it is so ordered.
PARKER, C.J., and BICKLEY, J., concur.