Legal Opinion

Candelaria v. Miera

New Mexico Supreme Court

Decided July 25, 1913No. 1501PublishedCited by 8 opinions

Appeal from the District Court of Sandoval County; Herbert F. Raynolds, District Judge; Court erred in excluding evidence in support of items of counter-claim.

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Appeal from the District Court of Sandoval County; Herbert F. Raynolds, District Judge; Court erred in excluding evidence in support of items of counter-claim. Amendment C. L. 1897, sec. 2685, sub-secs. 85 and 94; Perea v. Gallegos, 5 N. M. 110; Brown v. Gise, 14 N. M. 282; Friday v. Railway, 16 N. M. 437 and 438. Former adjudications are not res judicata as to items of counter-claim. 1 Van Fleet’s Former Adjudications, sec. 1, p. 2; 2 Black on Judgment, sec. 611; 1 Van Fleet’s Former Adjudication, sec. 2, p. 27; Belden v. State, 103 N. Y. 1, 8 N. E. 363; Lindauex v. Mercantile Co. v. Boyd,…

1Opinion of the Court

OPINION OP THE COURT.

PARKER, J. —

This is a suit brought to open and vacate an account of the appellant as executor of the last will and testament of Paula Garcia de Míreles, the grandmother of the appellees, and for the taking of an account under the direction of the court of all the property and moneys coming into the hands of appellant as such executor, and as trustee under the will. The action resulted in the decree against appellant for $3444.43. It appears that long prior to the institution of this suit the appellees, by Emigran Candelaria, their guardian, each brought action against…

2Cases cited2 opinions

  1. Taylor v. CalvertIndiana Supreme Court · 1894
  2. Owens v. Williams.Supreme Court of North Carolina · 1902

3Cited by8 opinions

  1. Pugh v. PhelpsNew Mexico Supreme Court · 1932
  2. Michael v. BushNew Mexico Supreme Court · 1921
  3. Barka v. HopewellNew Mexico Supreme Court · 1923
  4. Wollard v. SulierNew Mexico Supreme Court · 1951
  5. Guerra v. New Mexico Human Services DepartmentNew Mexico Court of Appeals · 1981

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