Blacklock v. Fox

Citations

• 25 N.M. 391
• 183 P. 402

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The Supreme Court on appeal will not determine whether or not there is evidence sufficient to support a material finding- oí the court or its judgment, unless such question is submitted to, and has been decided by, the trial court, by some proper proceeding calling for such decision of the question. P. 393</p> <p>2. The provision that “no exception shall be required to be reserved in the trial of equity cases or cases before the court in which a jury has been waived,” contained in section 37 of chapter 43, Session Laws of 1917, dispenses with formal exceptions to ruling's of the court in the progress of the trial, but does not authorize the determination by the Supreme Court of an issue not raised and passed upon in the district court. P. 394</p> <p>3. The question of whether there is material evidence to support a finding may be raised in any appropriate manner, such, for example, as by a demurrer to the evidence, or by a motion for nonsuit or dismissal, or by. an objection interposed to the objectionable finding on the ground that there is no substantial evidence to support it or by an exception to the finding on such ground. The essential thing is that.the attention of the trial court should be called to the fact that it is committing error in making- the finding, pointing- out wherein the finding is erroneous. ’ P. 394</p>