Frostenson v. Marshall
New Mexico Supreme Court
Appeal from District Court, Torrance County; Medler, Judge. Suit by Neis Frostenson against W. A. Marshall and others for damages for willful trespass and for an injunction. Judgment for plaintiff ,and defendants appeal. Plaintiffs failed to erect a suitable and legal fence and therefore were not entitled to judgment.
Read the full summary
Appeal from District Court, Torrance County; Medler, Judge. Suit by Neis Frostenson against W. A. Marshall and others for damages for willful trespass and for an injunction. Judgment for plaintiff ,and defendants appeal. Plaintiffs failed to erect a suitable and legal fence and therefore were not entitled to judgment. Sections 2340, 2342, 2341, 2343, 2344, 2345, Code 1915; Hill v. Winkler, 151 Pac. 1014; Buford v. Houtz, 133 U. S. 320. Appellants cannot question sufficiency of evidence to sustain findings, because of no exception thereto. Fullen v. Fullen, 21 N. M. 212, 153 Pac. 294; Norton…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellee filed his complaint in the district court of Torrance county, N. M., on the 25th day of November, 1916, praying damages for willful trespass alleged to have been committed by appellants on certain lands and crops owned or held by appellee under lease, by destroying certain fences inclosing such lands and driving their cattle in and upon such lands and crops, and permitting them to range upon such lands of appellee. Appellee further prayed for an injunction against appellants, restraining them from continuance and repetition of such trespáss.
The…
2Cases cited14 opinions
- Light v. United StatesSupreme Court of the United States · 1911
- Fullen v. FullenNew Mexico Supreme Court · 1915
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gilmore v. BaldwinNew Mexico Supreme Court · 1955
- Hammond v. McMurray BrothersIdaho Supreme Court · 1930
- Winters v. TurnerUtah Supreme Court · 1929
- Stumpf v. PohleNew Mexico Supreme Court · 1923
- Wright v. AtkinsonNew Mexico Supreme Court · 1935
2 more not listed; retrieve them via the Exa API.