Legal Opinion

Fitzgerald v. Fitzgerald

New Mexico Supreme Court

Decided February 28, 1962No. 6963PublishedCited by 47 opinions

1Opinion of the Court

NOBLE, Justice.

This appeal is from the division of community property and an award of alimony to the wife in a divorce action. The wife has cross-appealed from the property division and the refusal to grant her attorneys fees.

The division of community property is challenged by appellant on the ground that item values of the community property used as a basis for the division of the property are based upon speculation and conjecture and are not supported by substantial evidence. This court has repeatedly held that findings may not rest upon mere speculation and conjecture. Petrakis v. Krasnow,…

2Cases cited16 opinions

  1. Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
  2. Brown v. CobbNew Mexico Supreme Court · 1949
  3. Luna v. FloresNew Mexico Supreme Court · 1958
  4. Pentecost v. HudsonNew Mexico Supreme Court · 1953
  5. Maryland Casualty Company v. JollyNew Mexico Supreme Court · 1960

11 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. McCauley v. RayNew Mexico Supreme Court · 1968
  2. Sauter v. St. Michael's CollegeNew Mexico Supreme Court · 1962
  3. Galvan v. MillerNew Mexico Supreme Court · 1968
  4. Terrel v. Duke City Lumber Company, Inc.New Mexico Court of Appeals · 1974
  5. Spingola v. SpingolaNew Mexico Supreme Court · 1978

42 more not listed; retrieve them via the Exa API.

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