Gillett v. Chavez

Citations

• 12 N.M. 353
• 78 P. 68

Syllabus

<p>SYLLABUS.</p> <p>1. In the absence of a motion in the district court to dismiss an appeal from the probate court on the ground that the claimant filed two separate claims against decedent’s estate on which separate decrees were rendered, and that the record failed to show which of the decrees was appealed from, such motion was not available in the Supreme Court.</p> <p>2. Where a probate decree included both of claimant’s demands, and recited the allowance of an appeal therefrom, and the cost bond given recited the amount of the two claims in the aggregate as the amount litigated, an objection that' the appeal was from separate probate decrees, and that only one was appealed from, cannot be sustained.</p> <p>3. Errors complained of on appeal will be disregarded where they were not objected to in the trial .court.</p> <p>4. Where one of the members of a firm agreed to act as clerk and keep the books for the sum of $50 per month, to be paid as a part of the firm’s expenses, and to receive as a member of the firm one-fourth of its earnings for business, done in a certain judicial district, his salary as clerk was a part of the partnership affairs to be .settled in an accounting.</p> <p>5. Under Compiled Laws 1897, section 3021, providing that in a suit by or against the administrator of a deceased person an opposite or interested party shall not obtain a decision on his own evidence in respect to any matter occurring before the death of the deceased person, unless such evidence is corroborated by other material evidence, the uncorroborated evidence of a member of a firm in an action against the administrator of a deceased partner that a settlement had been had between them prior to decedent’s death, and that a balance had been struck in favor of claimant, was insufficient to establish such fact.</p> <p>6. Compiled Laws 1897, section 2657, providing that courts of chancery shall have concurrent jurisdiction with any other remedy now provided by law, does not include