Green v. Brown & Manzanares Co.

Citations

• 11 N.M. 658
• 72 P. 17

Syllabus

<p>SYLLABUS.</p> <p>1. 'Wliere a motion for a new trial was granted the plaintiff below, upon payment of costs, and the costs taxed at that time were paid, except $3.25; and where the record shows that the cause was set for trial at different terms of court by consent, or without objection of defendants below, upon the ground that the condition had not been performed as to payment of costs, until the cause came on for trial ten years later: Reid, that such objection came too late, and must be considered waived by the acts of the defendants below by failure to object and by consent to setting of cause for trial.</p> <p>2. Where there is a substantial conflict of evidence upon the issues of fact, this court will not disturb the verdict of the jury based thereon, there being competent evidence to support such verdict.</p> <p>3. Since the court below in denying the motion for a new trial, must necessarily have determined that the verdict was not the result of passion or prejudice, this court will not disturb the verdict upon that ground.</p> <p>4. Where requests for special findings are substantially covered by other interrogatories given, it is not error for the court to refuse to submit them to the jury.</p>