Baca v. Perea

Citations

• 25 N.M. 442
• 184 P. 482

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a party in the district court in his iUeading makes the papers in another cause in such court a part of such pleading by reference, he will not be heard to object in the appellate court to the incorporation of such papers, so made a part of his pleading by reference, into the transcript of record. P. 445</p> <p>2. There is a well-recognized exception to the rule that the appellate court will not examine a record unless exceptions have been taken and the error complained of called to the attention of the trial court, which is that the court will notice, without exception or presentation, jurisdictional and other matters which may render a case inherently and fatally defective and require a reversal. P. 445</p> <p>3. Where a judgment is rendered on an answer which clearly fails to state facts sufficient to constitute a defense to a good complaint, such judgment is inherently and fatally defective, and no exception to the rendition of the same is necessary. P. 446</p>