De Burg v. Armenta

Citations

• 22 N.M. 443
• 164 P. 838

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. If at the close of the evidence in an action of law, each party requests the court to direct a verdict in his favor, and the court acts upon the invitation thus given and directs the jury to return a verdict for one of them and against the other, the only questions open on appeal are: First, was there substantial evidence supporting the conclusion of the court; and, second, did any1 er'ror of law occur during the trial?</p> <p>P.445</p> <p>2. In ejectment a directed verdict for defendant on the gfound that plaintiff’s evidence failed to show any encroachment of defendant’s house over the line of plaintiff’s lot, and that the evidence of such line was vague and uncertain, held sustained by the evidence. P. 446</p> <p>3. By their request for a directed verdict the parties in effect requested the court to find facts, and ar'e therefore concluded by its finding if supported by substantial evidence.</p> <p>P. 449</p>