McCoy v. Torrance County Savings Bank

Citations

• 19 N.M. 422
• 144 P. 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. When plaintiff’s right of action depends upon a condition precedent, he must allege in his complaint the fulfillment of such condition, or a legal excuse for its non-fulfilment. In default of such allegations, it is no error for the court to render judgment against him on motion for judgment on the pleadings.</p> <p>P. 427</p> <p>2. Upon the dissolution of an injunction, a court of equity has no power to assess damages resulting from the issuance of the same, without hearing evidence as to the character and extent of the damages actually sustained.</p> <p>P. 427</p>