Candelaria ex rel. Candelaria v. Miera
New Mexico Supreme Court
Appeal from the district court of Sandoval county, before Tra A. Abbott, Associate Justice. For all intents and purposes, Pabla Garcia de Míreles, grandmother of plaintiff, was the mother of said minor plaintiff, as the plaintiff’s own mother died when he was very young. Pabla died, and in her will, appointed E. A. Miera as guardian of plaintiff.
Read the full summary
Appeal from the district court of Sandoval county, before Tra A. Abbott, Associate Justice. For all intents and purposes, Pabla Garcia de Míreles, grandmother of plaintiff, was the mother of said minor plaintiff, as the plaintiff’s own mother died when he was very young. Pabla died, and in her will, appointed E. A. Miera as guardian of plaintiff. See. 1439, Compiled Laws of New Mexico for 1897. The probate court of Sandoval county had no right to appoint Emigran Candelaria as guardian of plaintiff, so long as E. A. Miera had the appointment by will, until Miera had been properly removed as…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This was an action for money had and received and was tried by the court without a jury by consent of the parties resulting in a judgment against appellant.
This court has frequently held that the findings of a trial court are the equivalent of a verdict of a jury. Zang v. Stover, 2 N. M., 29; Torlina v. Trorlicht, 5 N. M., 148; Lynch v. Grayson, 7 N. M., 26;.Gale v. Salas, 11 N. M., 211; Romero v. Coleman, 11 N. M., 533; Rush v. Fletcher, 11 N. M., 555.
Under just what circumstances a verdict of a jury will be disturbed by this court for conflict with the…
2Cited by5 opinions
- Flippo v. MartinNew Mexico Supreme Court · 1948
- Foreman v. MyersNew Mexico Supreme Court · 1968
- Gilmer v. GilmerNew Mexico Supreme Court · 1966
- Leigh v. HertzmarkNew Mexico Supreme Court · 1967
- Leigh v. HertzmarkNew Mexico Supreme Court · 1967