Baca v. Padilla
New Mexico Supreme Court
Appeal from District Court, Socorro County; M. C. Mechem, Judge. Action by Elfego Baca against Zacarias Padilla. Judgment for plaintiff, and defendant appeals. ' Contract is contra bona mores and violates established policy of the State. Art. 4, Sec. 24, State Const.; Sec. 1 Art. 5 State Const.; Secs. 1860, 1870, 5321, Code 1915. Plaintiff was interested in the matter in controversy and therefore he was disqualified to represent the State in the trial of the indictment.
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Appeal from District Court, Socorro County; M. C. Mechem, Judge. Action by Elfego Baca against Zacarias Padilla. Judgment for plaintiff, and defendant appeals. ' Contract is contra bona mores and violates established policy of the State. Art. 4, Sec. 24, State Const.; Sec. 1 Art. 5 State Const.; Secs. 1860, 1870, 5321, Code 1915. Plaintiff was interested in the matter in controversy and therefore he was disqualified to represent the State in the trial of the indictment. Hare v. Headley, 52 N. J. E. 496, 501; State v.* Lucero, 20 N. M. 55. Employment was contrary to public policy of the State.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellee brought this suit to recover the sum of $5,000, alleged to be due on a contract to perform professional services as an attornejr at law for the appellant, at his request, in the prosecution of a certain criminal case pending in Valencia county, N. M., for which services it was alleged the appellant agreed to pay appellee a reasonable fee. Appellant filed a general denial and also pleaded payment and the statute of limitations. The ease was tried to the court, and after the evidence was heard the court made a general finding that plaintiff was entitled…
2Cases cited4 opinions
- Newman v. FreitasCalifornia Supreme Court · 1900
- Gammons v. JohnsonSupreme Court of Minnesota · 1899
- Gammons v. GulbransonSupreme Court of Minnesota · 1899
- State v. LuceroNew Mexico Supreme Court · 1915
3Cited by13 opinions
- State v. AtkinsWest Virginia Supreme Court · 1979
- Measday v. SweazeaNew Mexico Court of Appeals · 1968
- McCarthy v. SantangeloSupreme Court of Connecticut · 1951
- Opperud v. BusseySupreme Court of Oklahoma · 1935
- Joye v. HeuerDistrict Court, D. South Carolina · 1993
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