Huning v. Chavez
New Mexico Supreme Court
Error, from a judgment for plaintiff, to the Fifth Judicial District Court, Socorro County. Judgment reversed, Seeds, J., dissenting. The facts are stated in the opinion of the court.
1Opinion of the CourtFall, J.
Plaintiff below, defendant here, by his declaration, seeks to recover for the wrongful taking of three thousand, one hundred head of sheep by defendant, and asks damages in the sum of $6,000. Defendant below, plaintiff here, pleads the general issue. Verdict for plaintiff. Damages, $4,589.50, being in full for all the sheep at $1.25 per head. Plaintiff in error assigns many errors, but relies upon failure of court to instruct upon the question of mitigation of damages upon evidence under the general issue, as well as refusal to instruct" upon the special pleas, and as to special interest of…
2Cases cited1 opinion
- Montgomery v. WilsonSupreme Court of Vermont · 1876