{
  "id": 5325163,
  "name": "Manuel CHAVEZ, Plaintiff-Appellant, v. Gaynor E. ATKINSON, Preston Strunk a/k/a Preston Colby and Western Surety Company, a corporation, Defendants-Appellees",
  "name_abbreviation": "Chavez v. Atkinson",
  "decision_date": "1967-05-26",
  "docket_number": "No. 28",
  "first_page": "130",
  "last_page": "131",
  "citations": [
    {
      "type": "official",
      "cite": "78 N.M. 130"
    },
    {
      "type": "parallel",
      "cite": "428 P.2d 985"
    }
  ],
  "court": {
    "name_abbreviation": "N.M. Ct. App.",
    "id": 9025,
    "name": "Court of Appeals of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "78 N. M. 35",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5321805
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nm/78/0035-01"
      ]
    },
    {
      "cite": "77 N.M. 396",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        2807946
      ],
      "weight": 2,
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/nm/77/0396-01"
      ]
    },
    {
      "cite": "71 N.M. 5",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        5347081
      ],
      "weight": 2,
      "year": 1962,
      "opinion_index": 0,
      "case_paths": [
        "/nm/71/0005-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 196,
    "char_count": 2311,
    "ocr_confidence": 0.665,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.1579427989817167
    },
    "sha256": "16de3d10dd7b5b57d085da7d945873f28768c112202d09e4ae6c7fc56333f171",
    "simhash": "1:c79e8aa86f577922",
    "word_count": 381
  },
  "last_updated": "2023-07-14T21:27:10.359171+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "HENSLEY, C. J., and SPIESS, J., concur."
    ],
    "parties": [
      "Manuel CHAVEZ, Plaintiff-Appellant, v. Gaynor E. ATKINSON, Preston Strunk a/k/a Preston Colby and Western Surety Company, a corporation, Defendants-Appellees."
    ],
    "opinions": [
      {
        "text": "OPINION\nWOOD, Judge.\nAtkinson is a justice of the peace and Western Surety Company is his surety. Atkinson issued a writ of execution directed against the goods and chattels of plaintiff. The writ was given to Strunk for service. The amended complaint seeks damages for assault, battery and false arrest alleged to have been committed by Strunk while serving the writ. It is alleged that Atkinson acted beyond the scope of his authority in giving the writ to Strunk for service and that Atkinson knew or should have known that Strunk was not authorized to serve the writ.\nSummary judgments were entered in fav- or of Atkinson and Western Surety Company. The action against Strunk is pending in the trial court.\nPlaintiff seeks reversal of the summary judgments. He contends that Atkinson and his surety are liable for the alleged wrongful and illegal actions of Strunk because Atkinson\u2019s actions were in excess of his authority as a justice of the peace.\nWe do not reach this contention. If there can be any liability on the part of Atkinson and his surety under the facts alleged, such liability would be dependent upon the establishment of the acts alleged to have been committed by Strunk; thus, determination of the issues between plaintiff and Strunk will affect the final determination of the issues between plaintiff and the dismissed defendants.\nIn this situation, the present appeal is premature. The summary judgments are not presently appealable because they are not final judgments (\u00a7 21-2-1(5) (1), N.M. S.A.1953) nor orders which practically dispose of the merits of the action (\u00a7 21-2-1 (5) (2), N.M.S.A.1953). Klinchok v. Western Surety Company of America, 71 N.M. 5, 375 P.2d 214 (1962); Lopez v. Hoffman, 77 N.M. 396, 423 P.2d 429 (1967); Platco Corp. v. Colonial Homes, Inc., 78 N. M. 35, 428 P.2d 9.\nThe appeal is dismissed.\nIt is so ordered.\nHENSLEY, C. J., and SPIESS, J., concur.",
        "type": "majority",
        "author": "WOOD, Judge."
      }
    ],
    "attorneys": [
      "Rozier E. Sanchez and Eugene E. Klecan, Albuquerque, for appellant.",
      "John P. Duffy, Farlow & Duffy, Albuquerque, for appellees Atkinson and Western Surety Co.",
      "Preston Strunk, pro se."
    ],
    "corrections": "",
    "head_matter": "428 P.2d 985\nManuel CHAVEZ, Plaintiff-Appellant, v. Gaynor E. ATKINSON, Preston Strunk a/k/a Preston Colby and Western Surety Company, a corporation, Defendants-Appellees.\nNo. 28.\nCourt of Appeals of New Mexico.\nMay 26, 1967.\nRozier E. Sanchez and Eugene E. Klecan, Albuquerque, for appellant.\nJohn P. Duffy, Farlow & Duffy, Albuquerque, for appellees Atkinson and Western Surety Co.\nPreston Strunk, pro se."
  },
  "file_name": "0130-01",
  "first_page_order": 170,
  "last_page_order": 171
}