Fraser v. State Savings Bank
New Mexico Supreme Court
Appeal from the District Court of Taos County; Thomas D. Leib, District Judge; There are no findings of facts; hence, the decree is inoperative.
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Appeal from the District Court of Taos County; Thomas D. Leib, District Judge; There are no findings of facts; hence, the decree is inoperative. Luna v. Coal E. E. Co., 16 N. M. 71; Miles v. McCallan, 3 Pac. 610; Elder v. Frevert, 3 Pac. 237; Trustees v. Eetsch, 151 N. T. 321, 37 L. E. A. 305; Brock v. E. E. Co., 114 Ala. 431; Ehodes v. Bank, 66 Fed. 512, 34 L. E. A. 742; Searcy County v. Thompson, 66 Fed. 92. Mere conclusions of law, though called findings of fact, are not so. Murphy v. Bennett, 68 Cal. 528. So-called findings, if findings at all, are not founded on sufficient evidence.…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.- —
-While many claimed errors are assigned, we will confine our consideration to those only which appellant has discussed in his brief, and upon the hearing of the cause in this Court.
Complaint is first made that the findings of fact made by the trial court are mere conclusions of law, and therefore, the decree made is inoperative, because not supported by findings, such findings having been requested by appellant. It would require unnecessary space to incorporate all the findings of fact and conclusions of law made by the trial court. It is perhaps…
2Cases cited3 opinions
- Eyre v. PotterSupreme Court of the United States · 1854
- French v. ShoemakerSupreme Court of the United States · 1872
- Baker v. De ArmijoNew Mexico Supreme Court · 1912
3Cited by31 opinions
- Ledbetter v. WebbNew Mexico Supreme Court · 1985
- Galvan v. MillerNew Mexico Supreme Court · 1968
- Greenfield v. BruskasNew Mexico Supreme Court · 1937
- Sunnyland Farms, Inc. v. Central New Mexico Electric Cooperative, Inc.New Mexico Supreme Court · 2013
- Hoskins v. Albuquerque Bus CompanyNew Mexico Supreme Court · 1963
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