N.M. R. Civ. P. Dist. Ct. 1-002
There shall be one form of action to be known as "civil action".
N.M. R. Civ. P. Dist. Ct. 1-002
ANNOTATIONS Compiler's notes. - This rule is deemed to have superseded 105-101, C.S. 1929, which was substantially the same. These rules are deemed to have superseded generally 105-102, C.S. 1929, relating to equitable proceedings in aid of actions at law. Rules do not purport to abolish distinction between equity and law. Madrid v. Spears, 250 F.2d 51 (10th Cir. 1957). No distinct forms of action are necessary or permissible to state a claim. Madrid v. Spears, 250 F.2d 51 (10th Cir. 1957). Complaint not dismissed when plaintiff misconceives remedy. - A complaint will not be dismissed when it sets up a cause of action good either in law or equity, because the plaintiff has misconceived his remedy. Kingston v. Walters, 1908-NMSC-007, 14 N.M. 368, 93 P. 700 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. - 1 Am. Jur. 2d Actions §14 et seq. 1A C.J.S. Actions §§ 133, 134.