Pointer v. Lewis

Citations

• 25 N.M. 260
• 181 P. 428

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where, on appeal from a justice of the peace court to the district court, an itemized statement is demanded by the defendant in conformity with section 4149, Code 1915, and none is furnished, the plaintiff cannot, over defendant’s objection, prove the items of his account in district court. The furnishing of such statement on proper demand is a prerequisite to proof of items therein at the trial. P. 262</p> <p>2. The procedure in the district court on appeal does not follow that of the justice court, and, where a demand is made after appeal to the district court in that court for an itemized statement, on which the claim or defense is based, such statement must be furnished before proof can.be made upon the claim or defense in the district court. P. 262</p> <p>3. The district court on appeals from the justice of the peace courts is a court of limited jurisdiction, in this, that it looks to the record and papers of the justice court for its jurisdiction to try de novo on appeal; but the district court is not bound by the procedure of the justice court when trying the case de novo on appeal. P. 263</p>