Supreme Court of New Mexico
Decision Information
Papa v. Garst - cited by 3 documents
Rubalcava v. Garst - cited by 46 documents
Decision Content
PAPA EX REL. PAPA V. GARST, 1952-NMSC-058, 56 N.M. 651, 248 P.2d 209 (S. Ct. 1952)
Sadie PAPA, Executrix Estate of Victor
Papa, deceased, and
Dorothy Papa, a minor, by her next friend, Sadie
Papa, Plaintiffs-Appellants
vs.
Stephen Q. GARST, Administrator, Estate of Emilio Papa,
deceased, National Surety Company, New York, New
York, by R. L. Baldwin, Attorney in Fact, and
Margarita Rubalcava, Defendants-Appellees
No. 5435
SUPREME COURT OF NEW MEXICO
1952-NMSC-058, 56 N.M. 651, 248 P.2d 209
May 31, 1952
COUNSEL
William J. Bingham, Harry D. Robins, Albuquerque, for appellants.
William J. Eaton, Socorro, for appellees.
JUDGES
Hensley, District Judge. Lujan, C.J., and Sadler, McGhee, and Compton, JJ., concur. Coors, J., did not participate.
OPINION
{*651} {1} This cause was consolidated for oral argument and submission with Rubalcava v. Garst, 56 N.M. 647, 248 P.2d 207. The controlling issue being identical in both causes, it follows that the judgment of the district court is erroneous and should be reversed and the cause remanded to the District Court with a direction to set aside its judgment and to proceed further in accordance with the views expressed in the opinion in Rubalcava v. Garst, 56 N.M. 647, 248 P.2d 207.
{2} It is so ordered.