Canavan v. Canavan

Citations

• 17 N.M. 503
• 131 P. 493

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Where a material, even jurisdictional fact, omitted from the complaint, is as fully litigated, without objection, as if said fact had been put in issue by the pleadings, it is the duty of the trial court, and of this court on appeal, to amend the complaint in aid of the judgment, so as to allege the omitted fact.</p> <p>2. A judgment in a contempt proceeding originating subsequent to the final decree, is not reviewable upon appeal from such final decree.</p>