Lund v. Ozanne

Citations

• 13 N.M. 293
• 84 P. 710

Syllabus

<p>SYLLABUS.</p> <p>1. The notice to quit, from a landlord to a tenant, provided for by section 8847, of the Compiled Laws of New Mexico, of 1897, should be sufficiently definite to inform the tenant of the origin and meaning of the notice; but it is not indispensable that it should bear the signature of the landlord.</p> <p>2. Questions of law not brought to- the attention of the court in proper form at the trial of a cause, will not be considered by this court on appeal or writ of error.</p> <p>3. If a lease contains no provisions fixing the place for payment of the rent reserved, a demand on the leased premises is not essential to establish the liability of the lessee to forfeiture for failure to pay rent which is due, if the practice of the parties to the lease had been to make and receive payment elsewhere.</p> <p>4. It is a proper exercise of the discretion of a district court in this Territory, to permit the substitution of a copy of a lost paper constituting a part of the pleadings, for the original.</p> <p>5. It does not appear from the record that the justice of the peace before whom this cause was originally tried had not jurisdiction.</p>