Collins v. Schump
New Mexico Supreme Court
Appeal from flic District Court for Quay County, before M. C. Mectiem, Associate Justice. On demurrer to the evidence every part of the testimony favorable to the plaintiff is deemed to be true and every conclusion which it tends to prove is deemed to be admitted. Jones v. Adair, 91 Pac. 78. The lauf is indulgent to human infirmity and less tolerant of deliberate and obtrusive depravity.
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Appeal from flic District Court for Quay County, before M. C. Mectiem, Associate Justice. On demurrer to the evidence every part of the testimony favorable to the plaintiff is deemed to be true and every conclusion which it tends to prove is deemed to be admitted. Jones v. Adair, 91 Pac. 78. The lauf is indulgent to human infirmity and less tolerant of deliberate and obtrusive depravity. Chamberlain v. Chamberlain, 95 Pac. 659. Even where fraud is shown on part of grantor, a court of equity 'may grant relief. Buttlar v. Buttlar, 67 N. J. Eq. 136; Bivera v. White, 6<3 S. W. 125. Where a…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, A. J.
1 The appellee has filed no brief in 'this court and we are under the disadvantage of having heard hut one side of the case and being compelled to do a great amount of unnecessary work to enable ns to arrive at a correct conclusion. As the demurrer to the evidence of the plaintiff was sustained by the lower court, the testimony introduced on behalf of the plaintiff is deemed to he true and every conclusion which it tends to prove must be admitted. We can conceive of but two propositions which might have influenced the lower court in sustaining the demurrer;…
2Cases cited2 opinions
- Rivera v. White, GuardianTexas Supreme Court · 1901
- Bloomingdale v. ChittendenMichigan Supreme Court · 1889
3Cited by9 opinions
- In Re Wilson's EstateMontana Supreme Court · 1936
- Abslag v. BockWashington Supreme Court · 1926
- Morrison v. First National Bank of TaosNew Mexico Supreme Court · 1922
- Harrety v. KontosMissouri Court of Appeals · 1944
- Drake v. ThompsonCourt of Appeals for the Eighth Circuit · 1926
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