James v. Hood

Citations

• 19 N.M. 234
• 142 P. 162

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Neither the verdict of the jury, nor the findings of a trial court will be disturbed in the appellate court, when they are supported by any substantial evidence.</p> <p>P. 236</p> <p>2. The trial court should set the verdict aside and grant a new trial, where it clearly appears that the jury have failed to respond truly to the real merits of the controversy and justice has not been done.</p> <p>P. 237</p> <p>3. Objections not made in the tpial court to a question propounded to a witness will not be considered on appeal.</p> <p>P. 239</p> <p>4. A ruling on the admissibility of evidence, to which no exception has been taken will not be considered on appeal.</p> <p>' P. 239</p> <p>5. If, when evidence is offered it is apparently admissible but subsequently it is shown to be inadmissible on account of reasons not known or stated at the time it was offered, counsel should ask to have it stricken out, and, where no request is made to have such evidence withdrawn from the jury, error can not be predicated upon its admission.</p> <p>P. 239</p> <p>6.No alleged errors, unless jurisdictional, will be considered on appeal, except those which are set out in the motion for a new trial.</p> <p>P. .240</p> <p>7. Error in admitting incompetent evidence of agency, is cured by the objecting party’s subsequent admission of such agency.</p> <p>P. 240</p> <p>8. No assignment of error, based upon an exception to the charge of the court to the jury will be considered, when the exception taken is “to the giving of each and every one of such instructions” for specified reasons, where the alleged vice does not inhere in all of such instructions. It is the duty of counsel to point out specifically the instruction excepted, to, and the grounds upon which the exception is based.</p> <p>P. 241</p> <p>9. In order that proper exceptions may be preserved, it is the duty of the trial court to timely submit to counsel, copies of the proposed instructions, so that th