Badaracco v. Badaracco

Citations

• 10 N.M. 761
• 10 Gild. 761

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. ' Appellate Procedure — Force op Findings by Trial Court Without Jury. — The findings of a court which tries a case without a jury and without delegating its powers to a master or referee, is entitled to as much, if not more consideration, than the findings of a master or referee, and the judgment or decree will not be disturbed unless the evidence is manifestly insufficient to sustain it.</p> <p>2. Practice — Affirmative Relief for Defendant, When. — No allowance should be made on account of a piece of land conveyed in settlement of another suit, unless such relief is asked for in the answer, or in a cross bill. When the answer prays for no affirmative relief, the defendant can have none. It would have been error for the court to have gone outside of the issues as made by the pleadings, and have granted relief not asked for.</p>