Johnson v. Gallegos

Citations

• 10 N.M. 1
• 10 Gild. 1

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial Practice — Special Master — Additional Findings by Court. A court has the power, of its own motion, to make additional and supplemental findings to those made by a master, if such additional and supplemental findings are based on evidence, in order to clear up any matter, or to set out more fully any circumstances which it deems to be necessary for the proper determination of a case.</p> <p>2. Replevin — Alternative Judgment — Failure to Elect and Effect Thereof. If in an action of replevin, an alternative judgment is given, and at the time of the rendition of such judgment no election is made to take the money value of the property recovered, the return of the property before a levy of execution, is a satisfaction of the judgment, and thereafter no proceedings can legally he had, for enforcing by execution the alternative judgment for the money.</p>