Lynch v. Grayson
New Mexico Supreme Court
Appeal, from a judgment in favor of plaintiffs, from- the Third Judicial District Court, Dona Ana County. The books admitted in evidence were incompetent. Rev. Stat. D. S., secs. 906, 882. A receipt of the receiver of the land office neither gives right to the possession of lands nor to a patent. It is not final, and is incompetent and insufficient to prove such facts. McFarland v. Culbertson, 2 Nev. 284. The disease must be proved as laid.
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Appeal, from a judgment in favor of plaintiffs, from- the Third Judicial District Court, Dona Ana County. The books admitted in evidence were incompetent. Rev. Stat. D. S., secs. 906, 882. A receipt of the receiver of the land office neither gives right to the possession of lands nor to a patent. It is not final, and is incompetent and insufficient to prove such facts. McFarland v. Culbertson, 2 Nev. 284. The disease must be proved as laid. Lindsay v. Davis, 30 Mo. 406. In laying the foundation for expert testimony it was necessary to have first shown by the witness that he was possessed of…
1Opinion of the Court
OPINION.
Lee, J.
Waiver of jury: finding: appeal. The defendants, in their supplementary brief, submit for our consideration the question: Has this court authority to review on bill of exceptions questions as to the improper admission or rejection of evidence, 01’ the ruling of the COUrt belOW on matt6rg where the case was submitted to the court for trial without the-intervention of a jury? And in their brief cite the case of Martinton v. Fairbanks, 112 U. S. 675, 5 Sup. Ct. Rep. 321, in which the court say that prior to the passage of the act of congress of March 3, 1865, “when the case is…
2Cases cited15 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Norris v. JacksonSupreme Court of the United States · 1870
- Insurance Co. v. FolsomSupreme Court of the United States · 1874
- Martinton v. FairbanksSupreme Court of the United States · 1885
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3Cited by6 opinions
- State v. AlbericoNew Mexico Supreme Court · 1993
- State v. AlbericoNew Mexico Supreme Court · 1993
- Reid v. BrownNew Mexico Supreme Court · 1952
- Seal v. Blackburn Tank Truck ServiceNew Mexico Supreme Court · 1958
- Jaramillo v. Anaconda Co.New Mexico Supreme Court · 1962
1 more not listed; retrieve them via the Exa API.