Union Bank v. Mandeville
New Mexico Supreme Court
Appeal from District Court, Dona Ana County; Mecller, Judge. Suit by the Union Bank against William B. Mandeville. Judgment for defendant on defendant’s motion at close of plaintiff’s testimony, and plaintiff appeals. STATEMENT OF FACTS.
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Appeal from District Court, Dona Ana County; Mecller, Judge. Suit by the Union Bank against William B. Mandeville. Judgment for defendant on defendant’s motion at close of plaintiff’s testimony, and plaintiff appeals. STATEMENT OF FACTS. This suit was brought by appellant against appellee (hereinafter referred to as plaintiff and defendant) in the district court of Dona Ana county to recover certain sums of money alleged to have been received by defendant for use and benefit of plaintiff and wrongfully appropriated to his own use while president-of plaintiff bank. At the close of plaintiff’s…
1Opinion of the Court
OPINION OP THE COURT.
BRICE, District Judge.
It is agreed in the brief of each of the parties that there are but two questions to be reviewed here, to wit: (J) Did the plaintiff make out a prima facie case? (2) Did the court err in refusing to require the defendant to testify, on the ground that his testimony would tend to incriminate him? From the view we take of the case it will be necessary to determine only the first issue named, viz.: Did the plaintiff make out a prima facie -case ?
That part of the motion made.by the defendant at the close of plaintiff’s testimony, and upon which the…
2Cases cited5 opinions
- First National Bank v. Northwestern National BankIllinois Supreme Court · 1894
- Vincent v. MeansSupreme Court of Missouri · 1904
- Wolf v. WasherSupreme Court of Kansas · 1884
- Wehe v. MoodSupreme Court of Kansas · 1904
- Whitehead v. LynnColorado Court of Appeals · 1904
3Cited by12 opinions
- Mesich v. Board of County Com'rs of McKinley Co.New Mexico Supreme Court · 1942
- Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937
- Pankey v. Hot Springs Nat. BankNew Mexico Supreme Court · 1941
- Sandoval County Board of Education v. YoungNew Mexico Supreme Court · 1939
- Bezemek v. BalduiniNew Mexico Supreme Court · 1922
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