Osborne v. Osborne
New Mexico Supreme Court
Appeal from District Court, Curry County; Richardson, Judge. Action by Henry W. Osborne against William'Barto Osborne and others. Judgment for plaintiff, and defendants appeal. • STATEMENT OF FACTS.
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Appeal from District Court, Curry County; Richardson, Judge. Action by Henry W. Osborne against William'Barto Osborne and others. Judgment for plaintiff, and defendants appeal. • STATEMENT OF FACTS. By the complaint it is alleged that on the 1st day of January, 1909, the plaintiff furnished to the defendant William Barto Osborne, his nephew, at his request, the sum of $600 cash and $1,500 in stock of .a mercantile company at Farwell, Tex., for the purpose of purchasing a relinquishment of and the improvements upon a certain ■ quarter section of land located in Curry county, N. M. Other sums…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
[1] (after stating the facts as above). Appellee contends that no exception was made in the court below to the findings or the judgment; that therefore there is nothing to review in this court. This case was tried to the court without a jury, and, as contended by appellee, it is well settled that when there is a trial by the court, without a jury, the findings of fact are- conclusive, and are not subject to- review as erroneous or defective in, the absence of proper exceptions thereto, which need not be formal, however. Under our statute, the complaining party…
2Cases cited1 opinion
- Wallis v. MulliganNew Mexico Supreme Court · 1915
3Cited by12 opinions
- Torrez v. BradyNew Mexico Supreme Court · 1932
- N. H. Ranch Co. v. GannNew Mexico Supreme Court · 1938
- Ritter-Walker Co. v. BellNew Mexico Supreme Court · 1942
- Epstein v. WaasNew Mexico Supreme Court · 1923
- Harris v. DunnNew Mexico Supreme Court · 1951
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