Radcliffe v. Chaves
New Mexico Supreme Court
Appeal from the District Court for Valencia County before Ira A. Abbott, Associate Justice. Plaintiff has no right to obtain a decision “on his own evidence in respect of any matter occurring before the death of the deceased person, unless such evidence is corroborated by some other material evidence.” C. L. 1897, secs. 3021, 2999 ; Gildersleeve v. Atkinson, 6 N. M. 260; 2 Bouvier’s Law Die. 167, Materiality; Maddox v. Sullivan, 2 Eich.
Read the full summary
Appeal from the District Court for Valencia County before Ira A. Abbott, Associate Justice. Plaintiff has no right to obtain a decision “on his own evidence in respect of any matter occurring before the death of the deceased person, unless such evidence is corroborated by some other material evidence.” C. L. 1897, secs. 3021, 2999 ; Gildersleeve v. Atkinson, 6 N. M. 260; 2 Bouvier’s Law Die. 167, Materiality; Maddox v. Sullivan, 2 Eich. Eq. 6; State v. Eaymond, 20 Iowa 582; Best on Evidence, sec. 609; Greenleaf on Evidence, sec. 257, note; State y. Buckley, 22 Pac. 838; Byerts y. Bobinson, 9…
1Opinion of the Court
OPINION OF THE COURT.
POPE, J.
The appellee Radcliffe filed an itemized claim in the probate court of Valencia County against the estate of one Chaves, deceased, for services as physician from April 2, 1904, to1 April 10, 1905, the account aggregating $1,410.00. The Probate Court allowed $472.00. Upon appeal to the District Court by Dr. Radcliffe the cause was tried before the court and a judgment rendered for $1,047.35. From that judgment an appeal is prosecuted to this court by the administrator.
The assignments of error are numerous but most of them may be briefly disposed of.
1 It is urged…
2Cases cited7 opinions
- Grayson v. LynchSupreme Court of the United States · 1896
- In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
- Newel v. of KeithSupreme Court of Vermont · 1839
- Smith v. . SmithNew York Court of Appeals · 1900
- Parker's Heirs v. Parker's Adm'rSupreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. FernandezNew Mexico Supreme Court · 1952
- State v. CarltonNew Mexico Court of Appeals · 1972
- First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
- State Ex Rel. Reynolds v. Rio Rancho Estates, Inc.New Mexico Supreme Court · 1981
- Keil v. WilsonNew Mexico Supreme Court · 1942
12 more not listed; retrieve them via the Exa API.