Pearce v. Albright

Citations

• 12 N.M. 202
• 76 P. 286

Syllabus

<p>SYLLABUS.</p> <p>1. In this case the notice of lien does contain a statement of the terms, time given and conditions of the plaintiff’s contract.</p> <p>2. Because the Christian name of the the person who signed the notice of lien was not written out in full, but was designated by initials, the noti.ce of lien is not a nullity. But the use of initials only instead of writing out the Christian name of a person in legal instruments is a practice not to be commended.</p> <p>3. An appellant cannot take advantage of the fact that the court did not pass upon a motion and demurrer filed by appellee, as he is not injured thereby. The appellee alone could have objected to the action of the court in going to trial without having disposed of them.</p> <p>4. When a ease is tried by the court, without the intervention of a jury, neither party objecting or excepting, and when both parties appear and produce witnesses, presumably they desired a hearing, and it is too late for the appellant to first raise the point on appeal to this court, that the record does no show the jury was waived.</p> <p>5. The value of attorney’s fees can he found by the court in-the absence of evidence on that point, other than the record of the proceedings.</p> <p>6. It was error in ordering that execution issue against the appellant, if the property in which the lien attached did not bring enough to satisfy the judgment, but this error is cured by appellee having filed a disclaimer, waiving any personal judgment against appellant.</p>