Ross v. Berry
New Mexico Supreme Court
Appeal from the District Court for Colfax County, before C. J. Roberts, Associate Justice. Record proper. Laws 1897, chap. 57, secfe. 22, 24, 26; Street v. Smith, 15 N. M. 95. The statute requires five days’ notice to the opposite party before signing and settlement of the bill, this was not given, it is mandatory.
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Appeal from the District Court for Colfax County, before C. J. Roberts, Associate Justice. Record proper. Laws 1897, chap. 57, secfe. 22, 24, 26; Street v. Smith, 15 N. M. 95. The statute requires five days’ notice to the opposite party before signing and settlement of the bill, this was not given, it is mandatory. Laws- 1907, chap. 57, sec. 26; in re Scott’s Estate, 61 Pac. 98, Cal.; State v. Howard, 46 Pac. 650, Wash.; Safllord v. Turner, 37 Pac. 121, Has.; McKay v. Railway Co., 31 Pac. 999, Mont.; Yan Why v. S. P. R. R. Co., 86 Pac. 485, Utah. Bill of exceptions, especially when it…
1Opinion of the Court
OPINION OF THE COURT.
WRIGHT. J.
1 This is an appeal from the district court of Colfax county. Trial was had in the lower court before Associate Justice Mecliem in the absence of the presiding judge of said court. Jury was waived and trial was had before the court. Findings of fact and conclusions of law wore duly made and filed. Judgment was entered thereon in favor of the plaintiff, from which judgment the defendant duly prayed an appeal to this court. Thereafter, and prior to the return day of such appeal an alleged record and bill of exceptions were prepare/! by counsel for the appellant,…
2Cases cited2 opinions
- Malony v. AdsitSupreme Court of the United States · 1899
- Street v. SmithNew Mexico Supreme Court · 1909
3Cited by4 opinions
- Mundy v. IrwinNew Mexico Supreme Court · 1914
- Dearborn v. Niagara Fire InsuranceNew Mexico Supreme Court · 1912
- Ravany v. Equitable Life Assur. Soc. of United StatesNew Mexico Supreme Court · 1920
- Schaefer v. WhitsonNew Mexico Supreme Court · 1925