Albuquerque Productions Credit Association v. Martinez

On September 19, 1966, Melvin S. Weimer filed suit seeking judgment on a promissory note and foreclosure of a mortgage executed by the defendants, Sidney and Clinton Johnson. Feliberto Martinez, who was also a named defendant, was properly served; however, he did not appear nor did he file any pleading. Later the plaintiff filed an amended complaint adding Albuquerque Production Credit Association (APCA) as a party defendant. APCA answered the amended complaint and also filed a counterclaim and cross-complaint. Neither the amended complaint, the counterclaim, nor the cross-complaint were ever served on the defendant Martinez.