Sanchez y Contreas v. Candelaria
New Mexico Supreme Court
Appeal, from a judgment in favor of defendant, from the Second Judicial District Court, Valencia County. The facts are stated in the opinion of the court. All appeals from inferior tribunals, such as justices of the peace to the district courts, are triable anew in said courts on their merits, as if no trial had been had below. Comp.
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Appeal, from a judgment in favor of defendant, from the Second Judicial District Court, Valencia County. The facts are stated in the opinion of the court. All appeals from inferior tribunals, such as justices of the peace to the district courts, are triable anew in said courts on their merits, as if no trial had been had below. Comp. Laws, N. M., 1884, sec. 1848. No want of form is sufficient cause for abating any matter pleaded, provided the court can see in it sufficient matter uponwhich-to base a decree or judgment*, and when legal exceptions are sustained the opposite party is entitled to…
1Opinion of the CourtWhiteman, J.
This was an action for forcible entry and detainer, commenced by the appellant, Vicente Sanchez y Contreas, against the appellee, Jesus Candelaria, before Pablo Chaves, justice of the peace of precinct number 13, in the county of Valencia. The plaintiff, in his complaint, charges, in substance, that on the third day of January, A. D. 1888, in the county of Valencia, he was legally possessed of a Certain piece of land or tenancy known and described as follows: “ Said land is composed of one hundred and sixty acres of land, deeded in favor of this plaintiff, and situated in a place called ‘La…
2Cases cited1 opinion
- Russell v. . ConnNew York Court of Appeals · 1859
3Cited by2 opinions
- MacIas v. JaramilloNew Mexico Court of Appeals · 2000
- Bell v. BeckNew Mexico Supreme Court · 1939