[Download] "Cal-M Inc. v. Honorable John B. Mcmanus" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Cal-M Inc. v. Honorable John B. Mcmanus
- Author : New Mexico Supreme Court
- Release Date : January 07, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On July 15, 1963, John F. Otero, the labor commissioner for the state of New Mexico, filed a complaint in attachment, seeking to recover certain wage claims that had been assigned to him by employees of the Franciscan Hotel in Albuquerque. The original complaint was against a corporation entitled El Rancho, Inc., but the complaint was shortly thereafter amended to insert the name of Motor Inns, Inc. in lieu of El Rancho, Inc. Subsequently, there was filed a first, and later a second, amended complaint, which finally joined the petitioner here, Cal-M, Inc., and Joseph Massaglia, Jr., individually and as trustee, as defendants. At the time of the filing of the original complaint, the attorney for the labor commissioner signed and filed what is termed "application for writ of attachment," which stated the amount due was $1,083.64. This is the only affidavit appearing in the district court file, although the amount claimed under the second amended complaint was increased to the sum of $9,184.77, there apparently being additional employees who had assigned their claims to the labor commissioner following the filing of the original complaint. No bond, as required by §Â§ 26-1-4 and 26-1-7, N.M.S.A.1953, was ever filed. Various writs of attachment and alias writs were issued, and the sheriff of Bernalillo County actually took possession of some of the property of the hotel. The petitioner in this proceeding moved in the trial court to quash the alias writ of attachment on three grounds, only one of which is material here. The one ground of consequence is that no bond was ever executed by the plaintiff or by anyone on his behalf, as required by the aforementioned sections.