Lyons v. Kitchell
New Mexico Supreme Court
Appeal from the District Court of Curry County; Jobn T. McClure, District Judge; Court erred in overruling plaintiff’s motion for judgment based on special findings 1 and 3, for tbe reason that there was no substantial apd competent evidence to support special finding 2. Candelaria v. Miera, 13 N M. 360. Special finding No. 2 not supported by any substantial evidence, and was inconsistent with the general verdict; judgment should have been rendered for plaintiff. Code Civ.
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Appeal from the District Court of Curry County; Jobn T. McClure, District Judge; Court erred in overruling plaintiff’s motion for judgment based on special findings 1 and 3, for tbe reason that there was no substantial apd competent evidence to support special finding 2. Candelaria v. Miera, 13 N M. 360. Special finding No. 2 not supported by any substantial evidence, and was inconsistent with the general verdict; judgment should have been rendered for plaintiff. Code Civ. Pro., sec. 2993. Payments .as affecting the contract of sureties. Monroe, et al., v. National Surety Co., 92 Pac.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.- —
Appellant relies upon two propositions for a reversal of this cause, which may be stated as follows:
1. That the trial court should have sustained his motion for judgment based upon special findings 1 and 3, for the reason there was no substantial and competent evidence to support special finding No. 2, on which the-general verdict was based.
2. Admitting that appellant in fact made payments in excess of 80 per cent of work done, and materials in the building or upon the premises, according to the estimates of the architects in charge, even then if there…
2Cases cited2 opinions
- Burk v. HillSupreme Court of Georgia · 1903
- Stephens v. VromanNew York Supreme Court · 1854
3Cited by8 opinions
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Snodgrass v. Turner Tourist Hotels, Inc.New Mexico Supreme Court · 1941
- Feldhut v. LathamNew Mexico Supreme Court · 1955
- J. R. Watkins Co. v. EakerNew Mexico Supreme Court · 1952
- Valencia v. DixonNew Mexico Court of Appeals · 1971
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