Lohman v. Reymond
New Mexico Supreme Court
Error to the District Court of Dona Ana Count); Frank W. Parker, Associate Justice; The writing, Exhibit “A,” was not entitled to be admitted in evidence because not filed with cross-complaint. Session Laws 1907, chapter 107; 3 Wigmore on Evidence, secs. 1845 to 1860; 31 Cyc.'556; Code Civ. Pro.
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Error to the District Court of Dona Ana Count); Frank W. Parker, Associate Justice; The writing, Exhibit “A,” was not entitled to be admitted in evidence because not filed with cross-complaint. Session Laws 1907, chapter 107; 3 Wigmore on Evidence, secs. 1845 to 1860; 31 Cyc.'556; Code Civ. Pro. (N. M.) Ordinarily neither the verdict of a jury nor the findings of fact of a trial court will be disturbed in the appellate court when they are supported by any substantial evidence. Candelaria v. Miera, 13 N. M.'360; Territory v. Hicks, 6 N. M. 596.. But, in this case, this Court should review the…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, D. J. —
The vital question for decision in this case is raised by the first assignment of error, which is
“That the District Court erred in admitting in evidence the release submitted by appellees George Lynch and' Edward C. Wade and marked exihibt “A” under their evidence, upon the ground that the same was referred to in appellee’s cross-complaint, and the same, or a copy thereof, was not filed with said cross-complaint, the same having been within their power and control, and no sufficient reason having been given for failure so to do, — and which said…
2Cases cited61 opinions
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Sigafus v. PorterSupreme Court of the United States · 1900
- Lester v. PeopleIllinois Supreme Court · 1890
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Ellis v. SecorMichigan Supreme Court · 1875
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3Cited by5 opinions
- Davidson v. EnfieldNew Mexico Supreme Court · 1931
- Nixon-Foster Service Co. v. MorrowNew Mexico Supreme Court · 1936
- City of Hot Springs v. Hot Springs Fair & Racing Ass'nNew Mexico Supreme Court · 1952
- State v. RomeroNew Mexico Supreme Court · 1945
- Jenkins v. ReevesNew Mexico Supreme Court · 1936