Weeks v. Bailey

OPINION OF THE COURT

PARKER, J.

This is the second appeal, the first being reported as Weeks v. Bailey, 33, N. M. 193, 263 P. 29. The judgment now appealed from is in accordance with the mandate of this court, except that the damages are now larger. Appellee failed to file the remittitur, as he was permitted to do by the former decision of this court as a condition to the affirmance of his judgment. The cause was accordingly reinstated on the docket for a new trial.

With the leave of the court, appellee filed a so-called supplemental complaint alleging merely that, since the suit had been…