First National Bank v. McClellan
New Mexico Supreme Court
Appeal, from a decree for defendants, from the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. So far as the master’s findings of facts depends upon con-' dieting testimony or upon the credibility of witnesses, or so far as there is any testimony consistent with the findings, it is entitled to all the consideration of the special verdict of a jury. Davis v. Schwartz, 155 IT.
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Appeal, from a decree for defendants, from the Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court. So far as the master’s findings of facts depends upon con-' dieting testimony or upon the credibility of witnesses, or so far as there is any testimony consistent with the findings, it is entitled to all the consideration of the special verdict of a jury. Davis v. Schwartz, 155 IT. S..631; Kimberly v. Arms, 129 Id. 524; Tighman v. Proctor, 125 Id. 136; Callaghan v. Meyers, 328 Id. 666; Medsker v. Bonebreak, 108 Id. 72; De Cordova v. Korte, 7 N. M.…
1Opinion of the CourtPabkeb, J.
This is a creditor’s bill filed by appellants against appellees to subject certain real estate in the city of Albuquerque to the payment of certain judgments obtained by appellants against appellee, William W. McClellan. The cause was referred to one of the standing masters in chancery with directions to take the proof and “report the same to the court, with his conclusions thereon.” The master, after taking the proof filed his report in which he makes findings of fact and draws conclusions of law therefrom, and recommends a decree in accordance with the prayer of the bill. Appellees filed…
2Cases cited4 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Davis v. SchwartzSupreme Court of the United States · 1895
- Seitz v. MitchellSupreme Court of the United States · 1877
- Humes v. ScruggsSupreme Court of the United States · 1877
3Cited by4 opinions
- FIRST NAT. BANK IN ALBUQUERQUE v. AbrahamNew Mexico Supreme Court · 1982
- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
- Field v. Otero Et Ux.New Mexico Supreme Court · 1927
- Portales Nat. Bank v. BeemanNew Mexico Supreme Court · 1948