Legal Opinion

Van Kirk v. Butler

New Mexico Supreme Court

Decided December 12, 1914No. 1627PublishedCited by 8 opinions

Error to. District Court, Bernalillo County; Herbert F. Raynolds, Presiding Judge. In reviewing judgment "directed by court-on opening of counsel every fact stated in complaint and opening and every fact which jury might have inferred therefrom is. deemed established in favor of plaintiff. 172 N. Y. 348; 80 Pac. 950; 245 111. 454; 76 N. J. 604; 101 Pac. 59. Plaintiff’s complaint did not state facts sufficient to constitute cause of action against defendant. 91 Fed. 64; 132…

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Error to. District Court, Bernalillo County; Herbert F. Raynolds, Presiding Judge. In reviewing judgment "directed by court-on opening of counsel every fact stated in complaint and opening and every fact which jury might have inferred therefrom is. deemed established in favor of plaintiff. 172 N. Y. 348; 80 Pac. 950; 245 111. 454; 76 N. J. 604; 101 Pac. 59. Plaintiff’s complaint did not state facts sufficient to constitute cause of action against defendant. 91 Fed. 64; 132 Fed. 782; 162 Ind. 558; 50 111. App. 163; Deering on Neg. Sec. 196; 1 Shearman & Bedfield on Neg. Sec. 184; 112 U. S.…

1Opinion of the Court

OPINION.

HANNA, J.

As indicated by the statement of facts the one proposition before this court for consideration is whether the complaint, as enlarged or amended by the ■opening statement of counsel for plaintiff states a cause of action.

Counsel for appellee, in an able brief, takes issue with appellant’s position that the court ordered the complaint to be deemed amended to include the facts of the opening statement, and contends that an objection was interposed to such course of procedure.

Counsel did object and stated as his reason therefor that he desired to meet the complaint when amended…

2Cases cited5 opinions

  1. Lewinn v. MurphyWashington Supreme Court · 1911
  2. Twomey v. SwiftMassachusetts Supreme Judicial Court · 1895
  3. Flynn v. Union Bridge Co.Missouri Court of Appeals · 1890
  4. Johnson v. First National BankWisconsin Supreme Court · 1891
  5. Davis v. Trade Dollar Consol. Min. Co.Court of Appeals for the Ninth Circuit · 1902

3Cited by8 opinions

  1. Williamson v. SmithNew Mexico Supreme Court · 1971
  2. Padilla v. WinsorNew Mexico Supreme Court · 1960
  3. Gutierrez v. Valley Irrigation and Livestock Co.New Mexico Supreme Court · 1960
  4. Jones v. AdamsNew Mexico Supreme Court · 1952
  5. State v. JusticeNew Mexico Court of Appeals · 2010

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