Legal Opinion

Palmer v. Allen

New Mexico Supreme Court

Decided October 14, 1913No. 1569PublishedCited by 8 opinions

Appeal from the District Court of San Juan County; Edmund C. Abbott, District Judge; The valuation placed upon services of an attorney in this case is preposterous,and wholly unsupported by the evidence, and directly contrary to the law governing such cases. Thompson v. Burtis, 70 Pac. 603. The true rule, as to value, succinctly stated.

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Appeal from the District Court of San Juan County; Edmund C. Abbott, District Judge; The valuation placed upon services of an attorney in this case is preposterous,and wholly unsupported by the evidence, and directly contrary to the law governing such cases. Thompson v. Burtis, 70 Pac. 603. The true rule, as to value, succinctly stated. Head v. Hargrave, 105 H. S. 45. In all cases tried by a jury the bill of exceptions must be signed, sealed and settled- by the trial judge, or his successor. Sec. 25-6, page 112, Laws 1907; Territory v. Eudabaugh, 2 N. M. 222; Wheeler v. Fick, 4 N. M. 16;…

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, C. J. —

Appellee has filed a motion to strike the bill of exceptions from the files in this case on two grounds, (1) Because appellant failed to give appellee five days’ notice of his intention of applying to the judge of the court in which the cause was tried to sign and settle the bill of exceptions, and, (2) that the said bill of exceptions was not signed and sealed by the judge of the court in which said cause was tried.

1 Both grounds of the motion are seemingly well taken. Sec. 26, chap. 57, S. L. 1907, in so far as material, reads as follows:

‘‘After such…

2Cited by8 opinions

  1. Scholz v. Standard Accident InsuranceSupreme Court of Virginia · 1926
  2. State ex rel. Baca v. Board of CommissionersNew Mexico Supreme Court · 1916
  3. Carter, State Comptroller v. CouryNew Mexico Supreme Court · 1925
  4. State v. BacaNew Mexico Supreme Court · 1916
  5. Timm v. WhiteNew Mexico Supreme Court · 1921

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