Alvarado Min. & Mill Co. v. Warnock

Citations

• 25 N.M. 694
• 187 P. 542

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Assignments of error not argued in brief will be deemed to be waived and will not be considered by this court. P. 694</p> <p>2. An objection to the introduction of evidence which does not specify the particular ground on which the evidence is objectionable does not call the trial court’s attention to the matter to be decided, and on appeal will be treated as if no objection to such evidence had been made. P. 695</p> <p>3. Where the evidence shows that the defendant, without authority or right, mined, shipped, and sold ore from the plaintiff’s property, the measure of damages for such conversion is the net value of the ore, and defendant is not entitled to deduct therefrom the expenses of mining, freight, and smelting charges. P. 698</p> <p>On Rehearing.</p> <p>4.In an action for conversion of ore, an objection that exemplary damages recovered were not alleged was without merit, where point was not raised below. • P. 701</p>