Jackson v. Deming Ice & Electric Co.

Citations

• 26 N.M. 3
• 189 P. 654

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The submission of a false issue to the jury in an instruction, by assuming a state of facts not shown in evidence, is prejudicial error, and requires a reversal of the judgment. P. 9</p> <p>2. An exception to the giving of such an instruction, which fairly presents the objection to the trial court, requires the granting of a new trial. P. 10</p> <p>3. Section 1, c. 42, Laws 1917, interpreted, and held, that no motion for a new trial is now required to preserve an exception for review in this court, and that the fact that a motion for a new trial is in fact made, but which fails to embrace the objection in question, does not prevent a review of the objection in this court. P. 10</p> <p>4. An assignment of error which states an objection to the giving of an instruction, and which refers to a specific page of the transcript for the reason for the objection, is sufficient, although the better practice would be to make the assignment complete upon its face. P. 11</p>