Bruton v. Sakariason
New Mexico Supreme Court
• Appeal from District Court, Socorro County; M. C. Mechem, Judge. Action by Charles B. Bruton against John E. Sakariason. and others.. From a judgment for plaintiff, defendants appeal. ■ Where findings are not supported by substantial evidence they will be set aside on appeal.
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• Appeal from District Court, Socorro County; M. C. Mechem, Judge. Action by Charles B. Bruton against John E. Sakariason. and others.. From a judgment for plaintiff, defendants appeal. ■ Where findings are not supported by substantial evidence they will be set aside on appeal. Locke v. Murdock (just decided, but not reported).; Fraser v. Bank, 18 N. M. 340; Millheiser v. Long, 10 N. M. 99. Where there is no allegation of wrongful possession of chattels, then either a demand or an overt act of conversion is necessary to sustain an action. Moore v. Monroe Eefrigerator Co., 29 So. 447 (Ala.,);…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
Appellee sued appellants for damages for the alleged conversion of 552 head of sheep, of the stated value of $5 per head. Upon a trial before the ■court, a jury having been waived, the facts were found in favor o.f' the appellee, and judgment was entered for him against all .the 'appellants for $2,322. From this judgment, appellants' appeal.
The facts upon which the judgment was based, briefly stated, are as follows: Oleson M. Sakariason was advanced in years and was the owner of about 5,000 head of sheep. . These sheep were in charge of his two sons,…
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