Armijo v. Mountain Electric Co.

Citations

• 11 N.M. 235
• 67 P. 726

Syllabus

<p>SYLLABUS.</p> <p>1. Every matter determined on a former appeal is the law of the case and is binding on us on another appeal.</p> <p>2. A judgment concludes parties and privies, not only as to any matter which was offered in evidence to sustain or defeat a claim hut also as to any other which might have been so offered. Affirming Territory v. Santa Fe Pac. it. R. Co., 62 Pac. 985.</p> <p>3. If after a mechanics’ lien is filed the improvements situated on the land are destroyed by fire, it does not avoid the lien, but the real estate is still liable therefor.</p> <p>4. When a mechanics’ lien is filed on real estate and improvements, a part of which is owned by minors, and the adult defendants complain of a misjoinder and have the suit dismissed as to the minors, it does not relieve the adult defendants from liability, but they are liable to pay the entire debt, as they caused the dismissal to be made as to the minors.</p> <p>5. Attorneys’ fees are an incident to the judgment and can be fixed by the court irrespective of any amount mentioned in the complaint or sworn to by attorneys, and on appeal the amount allowed by the trial court will not be changed unless there is manifest abuse of discretion.</p>