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Section 44-5-2 - [Contents of complaint.]

NM Stat § 44-5-2 (2019) (N/A)
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In such action it shall be sufficient for the plaintiff to declare generally as in actions for debt for money had and received for the plaintiff's use, or as in actions of trover or detinue for a supposed finding and the detaining or converting the property of the plaintiff to the use of the defendant whereby an action hath accrued to the plaintiff.

History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 2; C.L. 1884, § 2291; C.L. 1897, § 3200; Code 1915, § 2508; C.S. 1929, § 58-102; 1941 Comp., § 25-1002; 1953 Comp., § 22-10-2.

Cross references. — For the contents of a claim for relief, see Rule 1-008A NMRA.

Action is against party receiving thing wagered. — These provisions give a right of action not against the party theoretically winning the wager, but against one to whom the amount or thing wagered has been delivered. Armstrong v. Aragon, 1905-NMSC-003, 13 N.M. 19, 79 P. 291.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling § 257.

38 C.J.S. Gaming § 62.

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Section 44-5-1 - [Money and property losses; loser's right of action for recovery; nature of remedy.]
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Section 44-5-3 - Action maintainable by spouse, children, heirs, executors, administrators and creditors or [of] loser.