Tietjen v. McCoy
New Mexico Supreme Court
Appeal from District Court, McKinley County; Ray-nolds, Judge. Action of forcible entry and detainer by C. E. Tiet-jen against L. McCoy. Prom a judgment of the district court, on appeal from a judgment of justice court in favor of the plaintiff, awarding plaintiff damages only, he appeals. STATEMENT OP PACTS.
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Appeal from District Court, McKinley County; Ray-nolds, Judge. Action of forcible entry and detainer by C. E. Tiet-jen against L. McCoy. Prom a judgment of the district court, on appeal from a judgment of justice court in favor of the plaintiff, awarding plaintiff damages only, he appeals. STATEMENT OP PACTS. The appellant, plaintiff in the district court, first instituted his action before the justice of the peace in precinct No. 3 of McKinley county, setting up that he was lawfully possessed of a certain tract of land situate in said county, and that the defendant had unlawfully and with…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
The only error assigned by the appellant is that the court should have given judgment in favor of the plaintiff, restoring to him possession of the premises in controversy, from which he had been unlawfully dispossessed. We cannot consider this alleged error of the trial court, however, because it nowhere appears in the record that this objection was called to the attention of the trial court. The judgment of the district court was excepted to without specifically stating any ground of objection thereto. The rule in this connection is thus stated in 3 C. J.…
2Cases cited1 opinion
- Stalick v. WilsonNew Mexico Supreme Court · 1916
3Cited by8 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Scofield v. JW Jones Construction CompanyNew Mexico Supreme Court · 1958
- Bivans v. Utah Lake Land, Water & Power Co.Utah Supreme Court · 1918
- State v. SilvaNew Mexico Court of Appeals · 1967
- Lovato v. HicksNew Mexico Supreme Court · 1965
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