Puritan Manufacturing Co. v. Toti & Gradi
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Iba A. Abbott, Associate Justice. Non est factum is a common law plea and no longer in force in New Mexico.
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Appeal from the District Court for Bernalillo County, before Iba A. Abbott, Associate Justice. Non est factum is a common law plea and no longer in force in New Mexico. Compiled Laws, 1897, sec. 2685. Under a general denial the defendant may introduce any evidence which goes to controvert the facts which the plaintiff is bound to establish., New York, Andrew v. Bond, 16 Barb. 633; Saunders v. Townsend, 26 Hun. 308; Little v. Denn, 34 N. Y. 452; Griff en v. Long Island R. R. Co., 101 N. Y. 34-8; Schauss v. Manhattan Gaslight Co. 14 Alb. Pr. 371; Nebraska, Winkler v. Boeder, 23 Neb. 709, 8 A.…
1Opinion of the Court
OPINION OF THE COURT.
POPE J.:(After making the foregoing statement.) The first assignment of error is the action of the court in admitting the contract in question. Defendants contend that this was improper, because there was no preliminary proof that it was signed by or on behalf of either the plaintiff or the defendants. The court below held that as there was no sworn denial of the execution of the contract, it stood admitted as pleaded and that no preliminary proof was necessary. The instrument sued on was referred to in the complaint and a copy thereof attached to the complaint. In…
2Cases cited5 opinions
- Piercy v. SabinCalifornia Supreme Court · 1858
- Corby v. WeddleSupreme Court of Missouri · 1874
- Cox v. North-Western Stage Co.Idaho Supreme Court · 1871
- Jenkins v. LongIndiana Supreme Court · 1862
- Scott v. MorseSupreme Court of Iowa · 1880
3Cited by9 opinions
- Pettengill v. BlackmanIdaho Supreme Court · 1917
- In Re Estate of HustonSupreme Court of Iowa · 1947
- Edminster v. Van EatonIdaho Supreme Court · 1936
- Butterick Co. v. MolenSupreme Court of Oklahoma · 1943
- Gilbert v. HowardNew Mexico Supreme Court · 1958
4 more not listed; retrieve them via the Exa API.