Loretto Literary Society v. Garcia
New Mexico Supreme Court
Appeal from the District Court of Sandoval County; Herbert F. Raynolds, -District Judge. Court erred in failing to grant defendant’s motion for judgment, when plaintiff rested, having failed to prove its title to the property". C. L. 1897, sec. 3950; not repealed until 1901; Laws 1901, ch. 62, secs. 5, 6, and 32. It was an abuse of discretion by the Court to permit plaintiff to file its amended complaint.
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Appeal from the District Court of Sandoval County; Herbert F. Raynolds, -District Judge. Court erred in failing to grant defendant’s motion for judgment, when plaintiff rested, having failed to prove its title to the property". C. L. 1897, sec. 3950; not repealed until 1901; Laws 1901, ch. 62, secs. 5, 6, and 32. It was an abuse of discretion by the Court to permit plaintiff to file its amended complaint. C. L. 1897, sec. 2685, sub-sec. 82; Louisville & N. R. Co. v. Pointer’s Admr., 69 S. W. 1108, 1110; Shields, et al., v. Barrow, 17 I-Iow. 130; Bird v. Stout, 4-0 W. Va. 43, 20 S. E. 852;…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J. —
The original complaint in this case contained the ordinary allegations of a suit in ejectment; plaintiff alleging, among other things, that it was the owner and seized in fee of the property therein described. After the evidence was all adduced, appellee filed a trial amendment, by leave of Court, over appellant’s objection, retaining all the original complaint and adding thereto paragraphs 3, 4 and 5, in which it alleged in substance that the deed from Barbara Leal de Garcia to Barbara Aragon de Montoya, upon which it relied to prove its title, was void…
2Cases cited8 opinions
- Edgell v. SmithWest Virginia Supreme Court · 1901
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
- Bird v. StoutWest Virginia Supreme Court · 1894
- Tootle v. KentSupreme Court of Oklahoma · 1903
- San Diego Water Co. v. San Diego Flume Co.California Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
- Morris Ex Rel. Morris v. FitzgeraldNew Mexico Supreme Court · 1963
- Pugh v. PhelpsNew Mexico Supreme Court · 1932
- Hoskins v. TalleyNew Mexico Supreme Court · 1923
- People's Mercantile Co. v. Farmers' Cotton Finance Corp.New Mexico Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.