Smith v. Hicks
New Mexico Supreme Court
Appeal from the District Court for Chaves County before William 1-f. Pony Associate Justice. The plaintiff is required to state the facts and must not load his complaint witb conclusions of law. Ene.
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Appeal from the District Court for Chaves County before William 1-f. Pony Associate Justice. The plaintiff is required to state the facts and must not load his complaint witb conclusions of law. Ene. P. & it. vol. 12. p. 1022; Estee’s Pleading, vol. 3, -I ed. 4459; bliss on Code Pleading. 3 ed., sec. 210, p. 328. “In estimating the value of the crop the prevailing rule seems to he to take the actual value at the time of trespass, not its probable value assuming that it would have matured.” Sed wick on Damages, see. 937; Chicago etc-, E. Co. v. Ward, Hi 111. 52.2; Kankakee, etc. E. O. v.…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
The first error assigned is upon the overruling of defendant’s motion in the lower court to strike out portions of the complaint as being redundant or legal conclusions.
1 There was no error committed in the overruling of this motion. “But even if the court had erred in overruling the motion, a reversal of the judgment would not follow. A party has no absolute right to have his adversaries pleadings pruned to suit his fancy. A reviewing court will only interfere in such matters where it appears that the denial of a motion to correct a pleading was not only…
2Cases cited17 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- International & Great Northern Railroad v. PapeTexas Supreme Court · 1889
- Teller v. Bay and River Dredging Co.California Supreme Court · 1907
- Gulf, Colorado & Santa Fe Railway Co. v. McGowanTexas Supreme Court · 1889
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3Cited by8 opinions
- Pendergrass v. LovelaceNew Mexico Supreme Court · 1953
- Barfield v. DamonNew Mexico Supreme Court · 1952
- Archuleta v. JacquezNew Mexico Court of Appeals · 1985
- Roberts v. SparksNew Mexico Court of Appeals · 1982
- Lisanti v. Alamo Title Ins. of TexasNew Mexico Court of Appeals · 2001
3 more not listed; retrieve them via the Exa API.