Frostenson v. Marshall

Citations

• 25 N.M. 215
• 180 P. 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. An appellant cannot predicate error upon the refusal of the court to make findings, or exceptions filed to findings made, after the trial court has lost jurisdiction of the case.</p> <p>P. 217</p> <p>2. It is well settled in this jurisdiction that, unless the findings of fact are specifically excepted to, an appellant is in no position to question the sufficiency of the evidence to sustain such findings. P. 217</p> <p>3. The provisions of chapter 41 of the Code of 1915, describing and defining a legal fence and barring the recovery of damages caused by trespassing animals to lands not inclosed by such a fence, do not bar the recovery of damages and the award of injunctive relief, where the trespass complained of is proven to have been willfully committed. P. 217</p>