Murphy v. Hall

Citations

• 26 N.M. 270
• 191 P. 438

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. When findings of fact are not requested in a case tried by the court and no findings are made by the court, except a general finding for the plaintiff, and counsel for the defendant in no way or manner calls attention of the trial court to any claimed .error in the findings, and makes no objection to the same, or to the failure of the court to make specific findings of fact, such party so failing to object cannot raise the question that the evidence fails to warrant an assumed finding for the first time in the appellate court. P. 272</p> <p>2. Where the findings made by a trial court are erroneous because not in accordance with the evidence, it is the duty of the party aggrieved thereby to call the court’s attention to the error and seek its correction there. P. 272</p>