Legal Opinion

Colbert v. Journal Publishing Co.

New Mexico Supreme Court

Decided June 15, 1914No. 1620PublishedCited by 41 opinions

Appeal from District Court, Bernalillo Couffiy, Herbert F. Baynolds, Presiding Judge. Court erred in denying appellant’s challenge - for cause of juror. 45 Kan. 492; 29 Neb. 437; 9 Wash. 204; 32 Neb. 167. Court erred in permitting witnesses to testify as to visit of Mrs. Colbert to California and return of child before she returned. 7 Wen. 560; 5 Johns 211; 34 N. W., p. 30; 73 N. Y. Supp. 245; 76 N. Y. Supp. 498; 33 Me. 322; 37 Pa.

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Appeal from District Court, Bernalillo Couffiy, Herbert F. Baynolds, Presiding Judge. Court erred in denying appellant’s challenge - for cause of juror. 45 Kan. 492; 29 Neb. 437; 9 Wash. 204; 32 Neb. 167. Court erred in permitting witnesses to testify as to visit of Mrs. Colbert to California and return of child before she returned. 7 Wen. 560; 5 Johns 211; 34 N. W., p. 30; 73 N. Y. Supp. 245; 76 N. Y. Supp. 498; 33 Me. 322; 37 Pa. St. 120; 5 Dana (Ky.) 315; 50 Fed. 399. Court erred in overruling appellant’s motion for an instructed verdict. 25 Cyc. 253; 45 Pac. 747; 2 Harr. (Del-) 417; 13…

1Opinion of the Court

OPINION.

HANNA, J.

The first error presented for our consideration by appellant, is predicated upon the denial of appellant’s challenge ■ for cause of the venireman, A. B. Loken. It is urged that this venireman had formed an opinion as to whether or not the article in question referred to appellee and had this opinion at the time he went into the jury box; and that his opinion was such as "to require evidence to remove it.

The record discloses that appellant’s challenge for cause to this venireman was disallowed by the trial court, and that appellant subsequently peremptorily challenged him and…

2Cases cited35 opinions

  1. Day v. WoodworthSupreme Court of the United States · 1852
  2. Spies v. PeopleIllinois Supreme Court · 1887
  3. Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
  4. Johnson v. StateTexas Supreme Court · 1865
  5. Childers v. San Jose Mercury Printing & Publishing Co.California Supreme Court · 1894

30 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. New York Times Company v. SullivanSupreme Court of Alabama · 1962
  2. Salazar v. St. Vincent HospitalNew Mexico Court of Appeals · 1980
  3. Stewart v. PotterNew Mexico Supreme Court · 1940
  4. Henderson v. DreyfusNew Mexico Supreme Court · 1919
  5. Proper v. MowryNew Mexico Court of Appeals · 1977

36 more not listed; retrieve them via the Exa API.

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