Cadwell v. Higginbotham
New Mexico Supreme Court
Appeal from District Court, Chaves County; Richardson, Judge. Action by John S. Cadwell and another against J. M. Higginbotham and others. From a judgment for pl-uitiffs, defendants appeal. The court erred in permitting the plaintiffs to file, as a trial amendment, the second amended complaint, the same introducing a new cause of action. Sub sec. 82, see. 2685, C. L. 1897; Loretto Lit. Soc. v. Benevolent Soc., 136 Pac. (N. M.) 858; Candelario v. Miera, 134- Pac.
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Appeal from District Court, Chaves County; Richardson, Judge. Action by John S. Cadwell and another against J. M. Higginbotham and others. From a judgment for pl-uitiffs, defendants appeal. The court erred in permitting the plaintiffs to file, as a trial amendment, the second amended complaint, the same introducing a new cause of action. Sub sec. 82, see. 2685, C. L. 1897; Loretto Lit. Soc. v. Benevolent Soc., 136 Pac. (N. M.) 858; Candelario v. Miera, 134- Pac. (N. M.) 829; Bank v. Speed, 15 N. M. 1, 4; 31 Cyc. 409. Money voluntarily paid, with knowledge of defects, cannot be recovered. De…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, O. J.
(after stating the facts as above.) — In the third cause of action, stated in the second amended complaint, upon which the cause proceeded to trial, it was alleged that appellees were compelled to.make a 15 per cent, cut from 4,500 head of steers — about 1,000 of which were three years old; — and in making this cut they were compelled to take 701 head of three-vear-old steers. After appellees had introduced their evidence, which showed that the herd contained a less number of three-year-old steers than alleged, but that appellees, because .of the inelusion…
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