Abeytia v. Gibbons Garage of Magdalena

Citations

• 26 N.M. 622

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. When a statute is susceptible of two constructions, one of which supports the act and gives it effect and the other renders it unconstitutional and void, the former will be adopted. P. 625</p> <p>2. Sections 3333 and 3339, Code 1915, as amended by chapter 65, Laws 1917, could reasonably be construed to provide for a lien upon an automobile for supplies, etc., furnished the owner, only so long as such automobile remained in the possession either of the garage owner or the owner of the automobile or a purchaser with notice; and such a construction would be adopted, were it required in order to uphold the constitutionality of the act. P. 625</p> <p>3. Without the agreed written statement of facts upon which the ease was submitted to the trial court being incorporated in the record before this court, every presumption in favor of the correctness and regularity of the judgment of the trial court will be indulged on appeal. P. 626</p> <p>4. The findings of the trial court will not be disturbed on appeal unless it is shown that they are not supported by substantial evidence. P. 626</p> <p>[On Rehearing.]</p> <p>5.Sections 22 and 26, c. 65, Laws 1917, construed, and held, that the lien of a garage owner for repairs furnished and of a workman' for labor performed on an automobile is in force after possession of such automobile is voluntarily surrendered, only as to such owner and those with notice thereof, and is not effective as to innocent purchasers without notice. P. 627</p>