Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, CHRYSLER-PLYMOUTH
| Docket Nº | CHRYSLER-PLYMOUTH |
| Citation | 491 P.2d 160, 1971 NMSC 112, 83 N.M. 272 |
| Case Date | November 29, 1971 |
| Court | Supreme Court of New Mexico |
Page 160
v.
BEAGLES CHRYSLER-PLYMOUTH et al., Defendants-Appellants.
[83 NM 272] Morris Stagner, Clovis, for defendants-appellants.
Rowley, Hammond, Murphy & Rowley, Richard F. Rowley, II, Clovis, Anderson, Edwards & Warnick, Lubbock, Tex., for plaintiff-appellee.
McMANUS, Justice.
Appellee, hereinafter referred to as Chrysler Credit, instituted a suit in replevin against appellants, hereinafter referred to as Beagles, for recovery of certain motor vehicles in possession of Beagles under a 'floor plan' financing arrangement with Chrysler Credit. Included in the complaint was a prayer for recovery on notes executed by Beagles, in addition to the replevin action. Certain vehicles were seized under the writ of replevin; other vehicles were not seized for the reason they had been sold to third parties by Beagles; also, other vehicles were in transit. The parties stipulated that the vehicles seized pursuant to the writ of replevin were subsequently sold and the proceeds applied to the indebtedness of Beagles. The trial was held before the court and judgment was granted against Beagles for a deficiency of $11,621.42, plus $165.05 'shrinkage' on 1971 model vehicles which had not been replevied because they had not reached Beagles' possession but were stopped in transit. In addition, the court granted appellee judgment for $36,646.71, being the amount claimed for vehicles disposed of by Beagles to third parties. In addition, accumulated interest, plus storage, was awarded, as well as attorney fees. The sum of the above, less $48.46 allowed as a setoff resulted in a judgment of $57,075.41. Chrysler Credit presented a cost bill which included a bond premium for a replevin bond in the amount of $3,674.00. The court also awarded this amount over the objection of Beagles.
Beagles' claim that the trial court erred and was without jurisdiction to enter judgment assessing damages in favor of Chrysler Credit in excess of that permitted in §
Page 161
[83 NM 273] 22--17--1, N.M.S.A. (1953 Comp.). The section referred to reads as follows:'Any person having a right to the immediate possession of any goods or chattels, wrongfully taken or wrongfully detained, may bring an action of replevin for the recovery thereof and for damages sustained by reason of the unjust caption or detention thereof.'
We have no quarrel with the above statute or its...
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Agua Fria Save the Open Space Ass'n v. Rowe, No. 29,402.
...or decision by the district court was fairly invoked[.]” Rule 12–216(A) NMRA; see Chrysler Credit Corp. v. Beagles Chrysler–Plymouth, 83 N.M. 272, 273, 491 P.2d 160, 161 (1971) (holding that a “matter not brought to the attention of the trial court cannot be raised for the first time on app......
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Reule Sun Corp. v. Valles, No. 31
...decision by the district court was fairly invoked....” Rule 12-216(A) NMRA; see also Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 83 N.M. 272, 273, 491 P.2d 160, 161 (1971) (a “matter not brought to the attention of the trial court cannot be raised for the first time on appeal”). {10......
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Barreras v. New Mexico Corrections Dept., No. 19907
...a matter not properly brought before the trial court for the first time on appeal. Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 83 N.M. 272, 273, 491 P.2d 160, 161 For all of the above reasons, we affirm the decision of the trial court in its entirety. IT IS SO ORDERED. BACA and FROS......
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Reule Sun Corporation v. Valles, Docket No. 31,192 (N.M. 11/23/2009), Docket No. 31,192.
...by the district court was fairly invoked . . . ." Rule 12-216(A) NMRA; see also Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 83 N.M. 272, 273, 491 P.2d 160, 161 (1971) (a "matter not brought to the attention of the trial court cannot be raised for the first time on {10} In ......
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Agua Fria Save the Open Space Ass'n v. Rowe, No. 29,402.
...or decision by the district court was fairly invoked[.]” Rule 12–216(A) NMRA; see Chrysler Credit Corp. v. Beagles Chrysler–Plymouth, 83 N.M. 272, 273, 491 P.2d 160, 161 (1971) (holding that a “matter not brought to the attention of the trial court cannot be raised for the first time on app......
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Reule Sun Corp. v. Valles, No. 31
...decision by the district court was fairly invoked....” Rule 12-216(A) NMRA; see also Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 83 N.M. 272, 273, 491 P.2d 160, 161 (1971) (a “matter not brought to the attention of the trial court cannot be raised for the first time on appeal”). {10......
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Barreras v. New Mexico Corrections Dept., No. 19907
...a matter not properly brought before the trial court for the first time on appeal. Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 83 N.M. 272, 273, 491 P.2d 160, 161 For all of the above reasons, we affirm the decision of the trial court in its entirety. IT IS SO ORDERED. BACA and FROS......
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Rabo Agrifinance, Inc. v. Terra XXI, Ltd., No. 30,286.
...(alterations omitted) (internal quotation marks and citation omitted)); see also Chrysler Credit Corp. v. Beagles Chrysler–Plymouth, 83 N.M. 272, 273, 491 P.2d 160, 161 (1971) (“[A] matter not brought to the attention of the trial court cannot be raised for the first time on appeal.”).CONCL......