Lamy v. Catron
New Mexico Supreme Court
Error, from a decree in favor, of defendants,- to tlie First Judicial District Court, Santa Fe county. The facts are stated in the opinion of the court. In proceedings to review a judgment or decree, the court in which the proceedings are pending sits as a court to examine and review errors of law only. Story’s Eq. PI. [6 Ed.] secs. 403-407; 2 Dan. Ch. Pr., p. 1576, and notes; Brewer v. Bowman, 20 Am.
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Error, from a decree in favor, of defendants,- to tlie First Judicial District Court, Santa Fe county. The facts are stated in the opinion of the court. In proceedings to review a judgment or decree, the court in which the proceedings are pending sits as a court to examine and review errors of law only. Story’s Eq. PI. [6 Ed.] secs. 403-407; 2 Dan. Ch. Pr., p. 1576, and notes; Brewer v. Bowman, 20 Am. Dec. 158, and note p. 164, with cases there cited; Barton’s Eq., p. 163. Questions of fact are not open to discussion on review. Evans v. Clement, 14 111. 206; Garrett v. Moss, 22 111. 363;…
1Opinion of the CourtLong, C. J.
John B. Lamy and Mercedes Chaves de Lamy, plaintiffs in error in this court, filed in the district court of Santa Fe county their bill of complaint to review and set aside a decree rendered in said court on the first day of August, 1885, in a cause wherein Mercedes Chaves de Lamy was complainant, seeking a divorce, and John B. Lamy was defendant. Upon hearing the bill filed below by the plaintiffs in error here, who were complainants in the bill of review, the court dismissed the same. The plaintiffs in error contend that the court below should have sustained the bill of review, and bring…
2Cases cited16 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- Crawford v. GauldenSupreme Court of Georgia · 1862
- Bowen v. PollardIndiana Supreme Court · 1880
- Porter v. BriggsSupreme Court of Iowa · 1874
- Sprayberry v. MerkSupreme Court of Georgia · 1860
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3Cited by1 opinion
- Kiehne v. N.M. Dep't of Game & FishNew Mexico Court of Appeals · 2026