Orange County Fruit Exchange v. Hubbell
New Mexico Supreme Court
' Appeal from the District Court of Bernalillo County, Second Judicial'District. Facts appear in the opinion. i. The court erred in denying defendant the right of cross-examination of the witness, McKinley, as to the facts on which he based his statement that plaintiff was the owner of. the goods in question on April 14, 1896. This point is raised by and fully set forth in the first five assignments of error.
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' Appeal from the District Court of Bernalillo County, Second Judicial'District. Facts appear in the opinion. i. The court erred in denying defendant the right of cross-examination of the witness, McKinley, as to the facts on which he based his statement that plaintiff was the owner of. the goods in question on April 14, 1896. This point is raised by and fully set forth in the first five assignments of error. The witness, McKinley, makes the bold statement that the plaintiff was the owner on April 14, 1896. There is a conflict of authority as to whether such statements are evidence, or a mere…
1Opinion of the CourtMills, C. J.
This is an action of trespass, begun in the district court of Bernalillo county on the sixth day of July, 1896. The declaration alleges that on the seventh day of April, 1896, the defendant converted to his own use a car load of oranges, of the value qf $1,000, the property, goods and chattels of plaintiff, and prays judgment for $1,200. No exemplary damages are'claimed. The defense is the general issue. A jury was waived and the cause was tried by the court, who gave judgment for the appellee, the plaintiff below, for the sum of $586.35.
Eight errors are assigned by the appellant. The first…
2Cases cited9 opinions
- Stewart v. PeopleMichigan Supreme Court · 1871
- Brumagim v. BradshawCalifornia Supreme Court · 1870
- Brown v. AllenSupreme Court of Iowa · 1872
- The Sally MageeSupreme Court of the United States · 1866
- Bethell v. MathewsSupreme Court of the United States · 1872
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