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Kemp v. Williams

KEMP Et Al. v. WILLIAMS Et Al.

Kemp v. Williams, 232 P. 1078 (N.M. 1924)
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Court
New Mexico Supreme Court · State Highest Courts
Decided
December 22, 1924
Docket
No. 2904.
Judges
Parker, Botts, Fort
Citations
232 P. 107830 N.M. 299

Opinion of the Court — Parker

OPINION OF THE COURT PARKER, C. J.

This is an action for $750, the amount claimed to be due under contract for an option granted by appellee to appellant of the right to purchase certain real estate within a certain period of time. The court found:

'‘That all the allegations of the plaintiff’s complaint and amended complaint are true, and have been fully proven.”

This is the only finding made by the court, and no findings were requested by appellant. At the conclusion of the judgment, an exception was inserted as follows:

“To all of which, defendant at the time excepted.”

It is perfectly apparent that under these circumstances. there is nothing before the court for review. The general exception above quoted presented no question to the trial court, and none of the steps or conclusions, leading up to the judgment, were called to the attention of that court as erroneous, by request for finding and conclusions, or otherwise. Under such circumstances we cannot review the alleged errors set out in the brief. See Stumpf v. Pohle, 28 N. M. 606, 216 P. 498 , where many of our former cases are collected. Also Collins v. Unknown Heirs, 29 N. M. 140, 219 P. 491 .

It follows that the judgment of the court below should be affirmed, and the cause remanded, with directions to proceed accordingly, and to enter judgment against the sureties upon appellant’s supersedeas bond, and it is so ordered.

BOTTS and FORT, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1929: 11948: 11949: 119292026peak 1929 · 1

Relies on it most ⓘ

  1. Mitchell v. Allison213 P.2d 231 (N.M. 1949)
  2. Thwaits v. Kennecott Copper Corp., Chino Mines Div.192 P.2d 553 (N.M. 1948)
  3. Santa Barbara Tie & Pole Co. v. Martinez279 P. 71 (N.M. 1929)

Most recent

  1. Mitchell v. Allison213 P.2d 231 (N.M. 1949)
  2. Thwaits v. Kennecott Copper Corp., Chino Mines Div.192 P.2d 553 (N.M. 1948)
  3. Santa Barbara Tie & Pole Co. v. Martinez279 P. 71 (N.M. 1929)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Stumpf v. Pohle, 216 P. 498 (N.M. 1923) 5
Collins v. Unknown Heirs of Finical, 219 P. 491 (N.M. 1923) 5

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