Legal Opinion

Grates v. Garcia

New Mexico Supreme Court

Decided March 10, 1915No. 1650PublishedCited by 4 opinions

Appeal from District Court, Bernalillo County; H. F. Baynolds, Judge. Action by Paul Grates, by his next friend, Barbarita .Aragon Brown, against Petra Garcia. From judgment for defendant, plaintiff appeals. There was no evidence to support the verdict, and it was error for the court not to grant appellant a new trial. Hilliard on New Trials, 445 and authorities cited; Moore on Facts, secs. 69-76; Puritan Mfg.

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Appeal from District Court, Bernalillo County; H. F. Baynolds, Judge. Action by Paul Grates, by his next friend, Barbarita .Aragon Brown, against Petra Garcia. From judgment for defendant, plaintiff appeals. There was no evidence to support the verdict, and it was error for the court not to grant appellant a new trial. Hilliard on New Trials, 445 and authorities cited; Moore on Facts, secs. 69-76; Puritan Mfg. Co. v. Toti & Grady, 14 N. M. 425. The rule in regard to the weight of uncontradieted witnesses is (except in Missouri) universally recognized. Moore on Facts, sec. 76. This-is one of…

1Opinion of the Court

OPINION OE THE COURT.

BOBERTS, C. J.

— Elias Garcia died intestate on the 9th day of July, A. D. 1910, the owner of real estate involved in this suit. The plaintiff claimed to be the illegitimate child of said Garcia, and that he had been recognized as such in writing, and brought this action in ejectment to recover possession of the real estate of which his alleged father died seized. TJpon the trial it was stipulated that all the property described in the complaint was the property of Elias Garcia at the time of his death; that said Garcia was never married; that, in the absence of direct…

2Cases cited6 opinions

  1. Wallace v. WallaceSupreme Court of Iowa · 1908
  2. Zachmann v. ZachmannIllinois Supreme Court · 1903
  3. Gaines v. New OrleansSupreme Court of the United States · 1868
  4. Gaines v. HennenSupreme Court of the United States · 1861
  5. Adger v. AckermanCourt of Appeals for the Eighth Circuit · 1902

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3Cited by4 opinions

  1. Clark v. StateCourt of Appeals of Maryland · 2001
  2. Salas v. OlmosNew Mexico Supreme Court · 1943
  3. Craven v. SelwaySupreme Court of Iowa · 1933
  4. Melvin v. KazheNew Mexico Supreme Court · 1971

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