Milliken v. Martinez

Citations

• 22 N.M. 61
• 159 P. 952

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A bill of exceptions must be filed in the office of the clerk of the district court, and the fact of such filing should be shown by the transcript of record on appeal. P. 63</p> <p>2. Where one appeals from a judgment adverse to him in a cause in which he has intervened, he cannot complain of irregularities in the judgment entered' against the principal defendants therein, and must rely upon errors solely prejudicial to himself, and cannot take advantage of errors prejudicial to others. , P. 66</p> <p>3.Under section 42, Code 1915, where any sheep, bovine cattle, or other animals are received from the owner, under a written contract for the herding or caring for the same for pay or on shares, or in any other manner, except hy absolute purchase, such animals, together with the increase and product thereof at all times, and until the full completion of such contract according to its terms, remain the property of such owners, so letting them out to he herded or cared for. Hence, under a “partido” contract, which calls for the return of a like number and kind of animals, at the expiration of the contract, the original animals and their increase remain the property of the original owner until the full completion of the contract, and the person having such animals in charge has no power to sell or dispose of the same until after his title has vested, hy full completion of the contract according to its terms, or “by express consent of- the owner of such animals.”</p> <p>P. 66</p> <p>4. Where the evidence introduced in support of facts is-of a conclusive character and is not controverted hy other evidence, the court in instructing the jury may assume that such facts are true.</p> <p>P. 68</p>