Pointer v. Lewis
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. Suit in justice court by J. T. Pointer against W. R. Lewis, with cross-complaint by defendant. Judgment in justice court for plaintiff, and from the judgment of the district court, on appeal in favor of plaintiff, less the defendant’s claim, he appeals. Testimony tending to prove items in an account was improper because appellant demanded production of itemized account and appellee failed to 'furnish same.
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Appeal from District Court, Chaves County; McClure, Judge. Suit in justice court by J. T. Pointer against W. R. Lewis, with cross-complaint by defendant. Judgment in justice court for plaintiff, and from the judgment of the district court, on appeal in favor of plaintiff, less the defendant’s claim, he appeals. Testimony tending to prove items in an account was improper because appellant demanded production of itemized account and appellee failed to 'furnish same. Sec. 4449 Ann. Stat. of N. M., 1915; Grange Co. v. Carmichel Co., 17 N. M. 69; 1 C. J. 652, § 157, N. 60; Tuttle v. Wilson, 44 N.…
1Opinion of the Court
OPINION OP THE COURT.
RAYNOLDS, J.
(after stating the facts as above).
[1, 2] Section 4149 of the Codification of' 1915, upon which appellant relies for a reversal of the judgment of the district court, is as follows:
“It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after the demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court of judge thereof may order a further account when the one delivered is too general, or is defective in any…
2Cases cited1 opinion
- State v. CoatsNew Mexico Supreme Court · 1913
3Cited by16 opinions
- Davidson v. EnfieldNew Mexico Supreme Court · 1931
- Southern Union Gas Company v. TaylorNew Mexico Supreme Court · 1971
- McCann v. McCannNew Mexico Supreme Court · 1942
- Calloway v. MillerNew Mexico Supreme Court · 1954
- Geren & Hamond v. LawsonNew Mexico Supreme Court · 1919
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