Hancock v. Beasley
New Mexico Supreme Court
Appeal from the District Court for Dona Ana county before Frank W. Parker, Associate Justice. “The existence of a partnership can not be proved by reputation.” Session Laws of 1899, Chap. 33, secs. 11 and 28, pp. 76 and 82; Waldo 'v. Beckwith, 1 N. M. 115; Earl v. Hurd, 5 Blaekf. 248. If there be no substantial evidence upon the side of the- verdict it is the duty of the appellate, court to set it aside. Sullivan v. Susong, 36 S. C. 287, 31 Am.
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Appeal from the District Court for Dona Ana county before Frank W. Parker, Associate Justice. “The existence of a partnership can not be proved by reputation.” Session Laws of 1899, Chap. 33, secs. 11 and 28, pp. 76 and 82; Waldo 'v. Beckwith, 1 N. M. 115; Earl v. Hurd, 5 Blaekf. 248. If there be no substantial evidence upon the side of the- verdict it is the duty of the appellate, court to set it aside. Sullivan v. Susong, 36 S. C. 287, 31 Am. St. Rep. 868; Texas Loan Agency v. Fleming, (Tex.) 44 L. R. A. 283; Ophir Silver Mining Co. v. Carpenter, 4 3STev. 534, 97 Am. Dec. 558; Baca v.…
1Opinion of the Court
OPINION OP THE COURT.
MANN, J.
1 -This cause was tried before Honorable Frank W. Parker, of the Third Judicial District in the District Court of Dona Ana county, a jury having been waived by both parties as is shown by an order appearing on page 7 of the record, so that the first, third and fourth assignments of error, which question only the findings of fact of the trial court, may be disposed of under one general head, viz: whether there was any substantial evidence to support such findings, it being well settled by this court that when there is any substantial evidence to support findings of…
2Cases cited2 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Howard v. StateSupreme Court of Florida · 1895
3Cited by15 opinions
- McCauley v. RayNew Mexico Supreme Court · 1968
- State v. GravesNew Mexico Supreme Court · 1915
- Hayes ex rel. Evans v. HagemeierNew Mexico Supreme Court · 1963
- State v. FuentesNew Mexico Supreme Court · 1960
- Albright v. AlbrightNew Mexico Supreme Court · 1916
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