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· 8/28/1907

Hancock v. Beasley

Citations

  • 14 N.M. 239
  • 91 P. 735

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Findings of fact of -the trial Court will not be disturbed by tbis Court where they are ha-sed upon su-bstantiial evidence to sustain such findings.</p> <p>2. A motion for a new trial -upon the ground of newly discovered evidence, is properly overruled where such motion is not accompanied -by affidavits showing that the evidence claimed to have been discovered would probably change the result of the trial and failing to show that such evidence could not have -been produced at the trial with due diligence.</p> <p>3. Evidence admitted without objection cannot be complained of as error, where no motion is made to strike it, even though it might have been rejected if oDjeetion had been made at the time.</p>

Judges: Mann

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