Wallis v. Mulligan
New Mexico Supreme Court
Appeal from District Court, Luna County; Neblett, Judge. Action by Albert Wallis against John Mulligan. From judgment for plaintiff, defendant appeals. If the court’s findings were unsupported by the evidence, or if a fact material to a finding upon which the judgment is based is unsupported by evidence, the judgment will be reversed. Brooks v. Clifton, 22 Ark. 54; Hedge v. Williams, 63 Pac. (Cal.) 721; Standard Co. v. Windham Bank, 42 Atl.
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Appeal from District Court, Luna County; Neblett, Judge. Action by Albert Wallis against John Mulligan. From judgment for plaintiff, defendant appeals. If the court’s findings were unsupported by the evidence, or if a fact material to a finding upon which the judgment is based is unsupported by evidence, the judgment will be reversed. Brooks v. Clifton, 22 Ark. 54; Hedge v. Williams, 63 Pac. (Cal.) 721; Standard Co. v. Windham Bank, 42 Atl. (Conn.) 1006; Wiley v. Kelsey, 13 Ga. 223; Bay v. Faulkner, 73 111. 469; Watts v. Julian, 23 N. E. (Ind.) 698; Union Pac. B. Co. v. Convers, 4 Kan. 206;…
1Opinion
ON MOTION FOR REHEARING.
ABBOTT, District Judge.
[3] On motion for rehearing appellant has called to our attention the fact that subsection 134 of section 2685, C. L. 1897, was repealed by chapter 26, Laws 1905, but this does not aid appellant, for the repealing statute only applies to default judgments, and the judgment herein was rendered upon a trial of the issues.
[4] Appellant’s motion to vacate the judgment was predicated upon the ground: First, that the complaint failed to state facts sufficient to constitute a cause of action; and, second, upon alleged error of law occurring upon the…
2Cases cited4 opinions
- Grant v. SchmidtSupreme Court of Minnesota · 1875
- Edwards v. City of JanesvilleWisconsin Supreme Court · 1861
- Mize v. Americus Mfg. & Improvement Co.Supreme Court of Georgia · 1899
- Philadelphia & Reading R. R. v. SnowdonSupreme Court of Pennsylvania · 1894