Street v. Smith
New Mexico Supreme Court
The 'facts arc stated in the opinion. Appeal from the District Court for Union County, before William J. Mills, Chief Justice. “The pleadings in a cause are for the purpose of use in that suit, not mere ordinary admissions but judicial admissions.”
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The 'facts arc stated in the opinion. Appeal from the District Court for Union County, before William J. Mills, Chief Justice. “The pleadings in a cause are for the purpose of use in that suit, not mere ordinary admissions but judicial admissions.” Wigmore on Evidence, secs. 1057, 1064; 2588; 1 Enc. of Evidence 399, note 3; White v. Smith, 46 N. Y. 418. Where an appellant files his assignment of errors and transcript, but not until after tire time for filing same has expired, a motion for affirmance on that ground not made until after appellant has filed his transcript will be denied. Armijo…
1Opinion of the Court
OPINION OP THE COURT.
POPE, J.
Smith, sued Street, her complaint setting up two causes of action. The first is for a balance of seven hundred dollars on five notes of two hundred dollars each, the second for a balance of seven hundred dollars alleged to be due on an original indebtedness of one thousand dollars with interest, on the purchase of certain furniture and fixtures, after deducting four hundred dollars paid thereon. The pleadings do not indicate other than that the two causes of action are distinct transactions totally disconnected with each other. The answer pleads failure of…
2Cases cited1 opinion
- Keator Lumber Co. v. ThompsonSupreme Court of the United States · 1892
3Cited by9 opinions
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- Loftus v. JohnsonNew Mexico Supreme Court · 1916
- Abeytia v. Gibbons Garage of MagdalenaNew Mexico Supreme Court · 1920
- Ravany v. Equitable Life Assur. Soc. of United StatesNew Mexico Supreme Court · 1920
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