Goldenberg v. Law

Citations

• 17 N.M. 546
• 131 P. 499

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. The verdict of the jury will not be disturbed in this-court where it is supported by any substantial evidence.</p> <p>2. Where a party claims that the lower court permitted1 a witness, over objection, to answer an improper question, he must point out wherein his rights have been prejudiced thereby. The Supreme Court will disregard errors committed by the lower court, not prejudicial to the substantial rights of a party.</p> <p>3. Where a party claims to be aggrieved by a claimed erroneous instruction, it is his duty to clearly point out his. objection to such instruction.</p> <p>4. A party may contract to render legal services for a party, after he has been admitted to practice, and in an action to recover for the value of such services, the test as to his right to recover, is, Was he admitted to practice at the time of the rendition of such services? and not'whether he was so licensed at the time of the making of the contract for future services.</p> <p>5. Where the trial court fails to mark on the margin of an instruction the words “given” of “refused,” as required, by statute, it is the duty of a party, desiring to have the question reviewed as to such failure, to interpose objection and save exceptions to such failure, and failing so to do, such alleged error will not be considered by the appellate court.</p> <p>6. Where the trial court inadvertently handed to the jury, at the conclusion of the giving of the instructions, two instructions requested by plaintiff, but which the court refused to give, and so indicated on the margin thereof, and the jurors took such refused instructions with them to their jury room; but it appears that appellant’s attorney was present in the court room at the time, and knew that the judge had handed such refused instruction to the jury, and failed to call the matter to the attention of the court, or to object, or except thereto, the alleged error will not be considered by this court.</p> <p>7.It