King v. Tabor
New Mexico Supreme Court
Appeal from the District Court for Union. County before William J. Mills. Where, no provision is made in the contract for the measurement of hay, if there is a statute in force prescribing the method of measuring hay, such statute must be applied. Laws 1901, ch. 34. ’ The court will not disturb a verdict where it is merely against the preponderance of the evidence, but where there is no evidence on a point essential to support the verdict it is otherwise.
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Appeal from the District Court for Union. County before William J. Mills. Where, no provision is made in the contract for the measurement of hay, if there is a statute in force prescribing the method of measuring hay, such statute must be applied. Laws 1901, ch. 34. ’ The court will not disturb a verdict where it is merely against the preponderance of the evidence, but where there is no evidence on a point essential to support the verdict it is otherwise. Waldo v. Beckwith, 1 N. M. 97; Badeau v. Baca, 2 N..M. 194; Body v. Trav. Ins. Co., 3 N. M. 543; Grolot v. Maloy, 2 N. M. 198; Yasquez.v.…
1Opinion of the Court
OPINION OP THE COURT.
WRIGHT, J.
1 The appellant assigns five grounds of error. The first assignment assigns error in that the court failed to instruct the jury as to the application of the territorial law relative to the rule prescribed for measuring hay in stacks. This assignment cannot be considered by the court for the reason that the appellant wholly failed to call such failure to instruct to the court’s attention ■ and thereby give him an opportunity to correctly state the law to the jury. This rule has been generally adhered to by this court. In the case of Palatine Insurance Company v.…
2Cited by8 opinions
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- Rockafellow v. New Mexico State Tribune Co.New Mexico Supreme Court · 1964
- Kershner v. Trinidad Mill. & Min. Co.New Mexico Supreme Court · 1920
- Gallup Electric Light Co. v. Pacific Improvement Co.New Mexico Supreme Court · 1911
- Fullen v. FullenNew Mexico Supreme Court · 1916
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