Howey v. Gessler

Citations

• 16 N.M. 319
• 117 P. 734

Syllabus

<p>SYLLABUS.</p> <p>1. Under the provisions- of Section 21, Chapter 57, Laws of 1907, requiring- that each; -error relied upon shall be stated, in separate paragraphs., an assignment of error that the court -erred in rendering judgment on the complaint and evidence, raises only- the question of variance between the pleadings and proof, and' no variance being Apparent upon the record, the assignment is not well taken.</p> <p>2. Where.it appears from the transcript that the complaint was sworn to and contained copies of the notes and mortgage sued upon; the execution of all of which was admitted by the failure of the defendants to deny the execution, ■and it also appears from- the decree that the plaintiffs exhibited the notes sued upon to the court, there was proof •sufficient to sustain the decree.</p>