Hagerman v. Cowles
New Mexico Supreme Court
Appeal .from the District Court for Chaves County, before William H. Pope, Associate Justice. “An amended answer complete in itself is to be considered as if it was the only answer which had been interposed in the case.” 1 Ene. P. & P. 626. “When the parties proceed to trial on the merits of the case without calling to the attention of the court the demurrer previously filed or demanding the ruling thereon the demurrer is waived.” 6 Ene.
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Appeal .from the District Court for Chaves County, before William H. Pope, Associate Justice. “An amended answer complete in itself is to be considered as if it was the only answer which had been interposed in the case.” 1 Ene. P. & P. 626. “When the parties proceed to trial on the merits of the case without calling to the attention of the court the demurrer previously filed or demanding the ruling thereon the demurrer is waived.” 6 Ene. P. & P. 329; McCarthy v. Yale, 39 Cal. 536; Huse v. Moore, 20 Cal. 115; Chesapeake & Ohio Ry. Co. v. American Exchange Bk., 92 Ya. 496, 44 L. R. A. 449;…
1Opinion of the Court
OPINION OP THE COURT.
MANN, J.
The appellee, James M. Cowles, brought an action in the District Court of Chaves County against James J. Hagerman, for a balance alleged to be due Mm upon a contract for the boring of an artesian well, for the appellant at Hagerman, New Mexico.
The contract did not specify the time within which the well was to have been completed, but qnc of the defenses set up by appellant Hagerman, was that the well was not completed, within a reasonable time. There is considerable testimony in the record tending to show that Cowles was something like fifteen months at work on…
2Cases cited6 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Hill v. HobartSupreme Judicial Court of Maine · 1839
- Cotton v. CottonSupreme Court of Alabama · 1883
- Luckhart v. OgdenCalifornia Supreme Court · 1866
- Minneapolis Gas Light Co. v. Kerr Murray Manufacturing Co.Supreme Court of the United States · 1887
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3Cited by6 opinions
- Smith v. GalioNew Mexico Court of Appeals · 1980
- Edward H. Snow Development Company v. OxsheerNew Mexico Supreme Court · 1956
- Cowles v. HagermanNew Mexico Supreme Court · 1910
- Neher v. VivianiNew Mexico Supreme Court · 1910
- Henry Valencia, Inc.United States Bankruptcy Court, D. New Mexico · 2023
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