(DOWNLOAD) "Santa Fe National Bank v. Galt" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Santa Fe National Bank v. Galt
- Author : New Mexico Court of Appeals
- Release Date : January 15, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
(a) The Bank contends that the cumulative effect of defendants actions constitutes a waiver by them of the venue issue. The actions relied on include obtaining the continuance of a hearing scheduled in district court, filing objections to interrogatories and requests for admissions, participating in depositions, and filing a motion for a protective order. The initial pleading of defendants Armstrong and the Medical Center was a motion to dismiss for improper venue. Defendant Galts answer denied the allegation in the complaint that the Bank was a conservator; his amended answer restated this denial and asserted as an affirmative defense that venue did not lie in Santa Fe District Court. There was no waiver. See Rule of Civ. Proc. 12(b) and (h); Heron v. Gaylor, 53 N.M. 44, 201 P.2d 366 (1948).