Trauer v. Meyers

Citations

• 19 N.M. 490
• 147 P. 458

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a defendant sets up in his answer the fact that there, is another suit pending between the parties, wherein the same facts alleged in the complaint may be litigated, and this allegation is denied in the reply, it is incumbent upon defendant to offer proof in support of such allegations.</p> <p>P. 493</p> <p>2. An appellate court will not reverse a judgment for error which resulted in no prejudice to the party seeking to take advantage of it. • P. 494</p> <p>3. Neither the verdict of the jury nor the findings of a trial court will be disturbed in the appellate court, when they are supported by any substantial evidence, p. 494</p>