Klasner v. Klasner

Citations

• 23 N.M. 627
• 170 P. 745

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assignments of error, not discussed in appellant’s brief, will not be considered and passed upon by the Supreme Court; when such assignments are not argued they are deemed to have been waived. P. 629</p> <p>2. An allegation in a complaint for divorce that the plain tiff is now, and has been for one year prior to filing his complaint, a resident of “Curry county, state of New Mexico,” is sufficient, as the allegation that he was such a resident for the period stated necessarily implied residence in “good faith.” P. 629</p> <p>3. An allegation in a complaint for divorce “that plaintiff is, and has been for one year next preceding the filing of this amended complaint, a resident, etc., of the state,” is sufficient. The amended complaint supersedes and supplants the original complaint, and such an allegation does not contravene the spirit of the statute which requires the plaintiff to allege and prove that he has been an actual resident of the state for one year next preceding the filing of his complaint. P. 630</p> <p>4. The allowance of trial amendments are within the discretion of the trial court, and, where such discretion is not abused, the refusal to allow such an amendment will not warrant a reversal of the judgment of the lower court.</p> <p>P. 631</p> <p>5. Where the trial court finds all the facts within the issues presented by the pleadings, it cannot be required to find facts not so presented. P. 633</p> <p>6. Section 2773, Code 1915, makes the “conviction for a felony and imprisonment therefor, in the penitentiary, subsequent to marriage,” cause for divorce. Where a wife has been convicted of a felony, and presents to the warden of the penitentiary a commitment, issued by competent authority under such conviction, and such commitment is received by the warden and the convict is directed to go to the office of the Governor of the state and she does so, and such Governor issues to her a conditional pardon, such wife was “im