Armstrong v. Concklin

Citations

• 27 N.M. 550
• 202 P. 985

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>(1) Where the transcript of records shows that an amended answer was filed on a given date, and that thereafter, and after the expiration of 20 days, no reply had been filed, and defendant filed a motion asking that the new matter in the answer be taken as confessed for want of a reply, which motion was overruled by the court, it will be presumed, in the absence of a showing to the contrary, that the trial court found that the answer had not been served upon counsel for plaintiff at the time the answer was filed in the clerk’s office and that the plaintiff was not in default.' P. 553</p> <p>(2) Questions not raised in the assignment of error will not be considered on appeal. P. 553</p> <p>(3) The erroneous admission of testimony will afford no grounds for reversal in a case tried by the court, unless it appears that the court considers such testimony in deciding the case. ' P. 554</p> <p>(4) Where the findings made by a trial court are supported by substantial evidence where the court heard the witnesses, such findings will not be disturbed on appeal. P. 554.</p>