Cunningham v. Fiske

Citations

• 13 N.M. 331
• 83 P. 789

Syllabus

<p>SYLLABUS.</p> <p>1. The power of the district courts to permit amendments of the pleadings is discretionary, except as limited by statute, and it was not an abuse of discretion to overrule a motion to amend the complaint in the case at bar, under the circumstances stated in the opinion.</p> <p>. 2. An allegation in the complaint that the plaintiffs on June 1, 1893, “discovered” the murderers for' the “discovery” 'f whom the reward was offered which they seek to recover this action, fixed the time at which their cause of aetion . .ccrued.</p> <p>3. An offer of a reward by publication, for the “discovery of all or any one of the parties concerned in” a certain murder, becomes a valid contract between the offerers and those who accept it by performance upon the discovery required; but it does not become a “contract in writing” within the meaning of those words in section 2915 of the Compiled Laws of 1897.</p>