Garcia v. Candelaria
New Mexico Supreme Court
Error, from a judgment for defendant, to the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. Under the pleadings and the evidence plaintiff should have recovered. 2 Suth. Dam. 440; 5 Am. and Eng. Ency. Law, 35; Spahnv. Willman, 39 Atl. Rep. 787, 790; Smith v. Packard, 27 S. E. Rep. 586; Baca v. Barrier, 2 N. M. 131; 1 Suth. Dam. 265; 2 Par.
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Error, from a judgment for defendant, to the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. Under the pleadings and the evidence plaintiff should have recovered. 2 Suth. Dam. 440; 5 Am. and Eng. Ency. Law, 35; Spahnv. Willman, 39 Atl. Rep. 787, 790; Smith v. Packard, 27 S. E. Rep. 586; Baca v. Barrier, 2 N. M. 131; 1 Suth. Dam. 265; 2 Par. Con. 523. The plea of set-off being an affirmative plea, the defendant should, after plaintiff had made his proofs, have been put to the proof of his set-off. Wat. on Set-off, 92, sec. 79; Magenan v.…
1Opinion of the Court
MILLS, C. J.-
This -is an action in assumpsit originally brought in Bernalillo county in the year 3896 and to this court on a writ of error.
The facts, as disclosed by the record, are that in the year 1888 the plaintiff married the daughter of the defendant and lived for some years thereafter with his wife at the house of his father-in-law in Old Albuquerque, and that thereafter they resided sometimes at the house of the defendant, some eighteen miles from Albuquerque, and sometimes at his house in Albuquerque. When they lived at the house in the country, a part of the time the defendant was…
2Cases cited7 opinions
- Springer v. United StatesSupreme Court of the United States · 1881
- Pomeroy's Lessee v. State Bank of Ind.Supreme Court of the United States · 1863
- Hall v. FinchWisconsin Supreme Court · 1871
- King's Administrator v. KellyIndiana Supreme Court · 1867
- Oxford v. McFarlandIndiana Supreme Court · 1851
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