Wallis v. Mulligan
New Mexico Supreme Court
Appeal from District Court, Luna County; Neblett, Judge. Action by Albert Wallis against John Mulligan. From judgment for plaintiff, defendant appeals. If the court’s findings were unsupported by the evidence, or if a fact material to a finding upon which the judgment is based is unsupported by evidence, the judgment will be reversed. Brooks v. Clifton, 22 Ark. 54; Hedge v. Williams, 63 Pac. (Cal.) 721; Standard Co. v. Windham Bank, 42 Atl.
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Appeal from District Court, Luna County; Neblett, Judge. Action by Albert Wallis against John Mulligan. From judgment for plaintiff, defendant appeals. If the court’s findings were unsupported by the evidence, or if a fact material to a finding upon which the judgment is based is unsupported by evidence, the judgment will be reversed. Brooks v. Clifton, 22 Ark. 54; Hedge v. Williams, 63 Pac. (Cal.) 721; Standard Co. v. Windham Bank, 42 Atl. (Conn.) 1006; Wiley v. Kelsey, 13 Ga. 223; Bay v. Faulkner, 73 111. 469; Watts v. Julian, 23 N. E. (Ind.) 698; Union Pac. B. Co. v. Convers, 4 Kan. 206;…
1Opinion of the Court
OPINION OP THE COURT.
ABBOTT, District Judge.
— This action was instituted in the court below by appellee against the appellant to recover damages for an alleged breach of contract. After the issues were framed, a referee was appointed by the court, by consent of the parties, to take the evidence and report findings of fact and conclusions of law. After taking the evidence the referee conceived that he was disqualified, for reasons not necessary to state, from acting in the case, whereupon he reported the evidence taken to the court without findings made or conclusions of law stated. The…
2Cases cited3 opinions
- Radcliffe v. ChavesNew Mexico Supreme Court · 1910
- Neher v. ArmijoNew Mexico Supreme Court · 1901
- Luna v. Cerrillos Coal RailroadNew Mexico Supreme Court · 1911
3Cited by5 opinions
- Porter v. Alamocitos Land & Livestock Co.New Mexico Supreme Court · 1925
- Osborne v. OsborneNew Mexico Supreme Court · 1918
- Chavez v. ChavezNew Mexico Supreme Court · 1950
- In Re CHICAGO, ROCK ISLAND & P. RY. CO.New Mexico Supreme Court · 1925
- State v. McKnightNew Mexico Supreme Court · 1915