Legal Opinion

Cadwell v. Higginbotham

New Mexico Supreme Court

Decided July 10, 1915No. 1764PublishedCited by 29 opinions

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…

2Cases cited28 opinions

  1. Reed v. . RandallNew York Court of Appeals · 1864
  2. Robertson v. Frank Brothers Co.Supreme Court of the United States · 1889
  3. Radich v. HutchinsSupreme Court of the United States · 1877
  4. Brumagim v. TillinghastCalifornia Supreme Court · 1861
  5. Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888

23 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Bettini v. City of Las CrucesNew Mexico Supreme Court · 1971
  2. Terrel v. Duke City Lumber Company, Inc.New Mexico Court of Appeals · 1974
  3. Everett v. GillilandNew Mexico Supreme Court · 1943
  4. James v. Board of CommissionersNew Mexico Supreme Court · 1918
  5. Pecos Construction Co. v. Mortgage Investment Co.New Mexico Supreme Court · 1969

24 more not listed; retrieve them via the Exa API.

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