Madrid ex rel. Watchman v. Scholes
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Judge.
Plaintiff appeals an adverse judgment arising out of an accident in which Marita Watchman was run over by defendant’s ! pickup truck. We reverse.
A. Former testimony of witnesses is inadmissible.
Without any foundation or predicate, the trial court admitted in evidence the testimony of two female witnesses, which testimony had been given at a previous trial between these parties. The only predicate shown appeared when the attorney for the defendant announced:
Subpoenas were sent, I don’t have a return by these---
Based upon this answer to plaintiff’s objection, the trial court…
Also in this document: Concurrence.
2Cases cited12 opinions
- Olguin v. ThygesenNew Mexico Supreme Court · 1943
- Jackson v. Southwestern Public Service CompanyNew Mexico Supreme Court · 1960
- Beal v. Southern Union Gas Co.New Mexico Supreme Court · 1960
- State v. JacksonNew Mexico Supreme Court · 1924
- State v. BaileyNew Mexico Supreme Court · 1956
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. VialpandoNew Mexico Court of Appeals · 1979
- State Farm Mutual Automobile Insurance Company v. A. L. ScholesCourt of Appeals for the Tenth Circuit · 1979
- Trujillo v. ChavezNew Mexico Court of Appeals · 1979
- A. F. Conner & Sons, Inc. v. Tri-County Water Supply Corp.Texas Supreme Court · 1978
- Madrid v. ScholesNew Mexico Court of Appeals · 1976
3 more not listed; retrieve them via the Exa API.