De Palma v. Weinman
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. All questions not passed upon at former trial are open to review to the1 same extent that they would have been had there been no former appeal.
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Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. All questions not passed upon at former trial are open to review to the1 same extent that they would have been had there been no former appeal. Crary v. Field, 10 N. M. 257. Whenever in the trial of a civil case it is clear, that 'the state of the evidence is such as not to warrant a verdict for a party, and that if such a verdict were rendered the other party would bo entitled to a new trial, it is the right .and duty of the judge to direct the jury to find according to the views of the court.…
1Opinion of the Court
OPINION OF THE COURT.
MAN NT, J.
-This is the second time this cause has been up for hearing in this court. At the January, 1905, term it came up on error to the District Court of Bernalillo County and was reversed and remanded to that court for further proceedings in accordance with the opinion then rendered. The opinion was written by Mr. Justice Pope and concurred in by the other members or the court. It will be found reported in 13 N. M. at page 226, 82 Pacific Reporter, page 3G0.
1 The first question confronting us is, what did that decision establish as the law of the case, it being well…
2Cases cited15 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Railroad Company v. HanningSupreme Court of the United States · 1873
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
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3Cited by39 opinions
- United States v. RiccardiCourt of Appeals for the Third Circuit · 1949
- Terrel v. Duke City Lumber Company, Inc.New Mexico Court of Appeals · 1974
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- Burruss v. B. M. C. Logging Co.New Mexico Supreme Court · 1934
- Williams v. BoneIdaho Supreme Court · 1953
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