Wallis v. Mulligan

Citations

• 20 N.M. 328
• 148 P. 500

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Under the provisions of subsection 134 of -section 2685, Comp. Laws 1897, the trial court is precluded from entertaining a motion to set aside findings or judgment, rendered out of term time, where the motion is not filed and a copy thereof served upon the opposite party within 10 days after the entry of such finding or judgment. P. 331</p> <p>2. The proviso to section 37, e. 57, Laws of 1907, does not dispense with the necessity of calling the attention of the trial court in some manner to the claimed error, and seeking there the correction of the same. Held, that where no objection or exception is interposed to the findings of fact made by the trial court, or other or different findings requested, the appellate court will not review the question as to whether such findings are sustained by the evidence.</p> <p>P. 331</p> <p>ON MOTION FOR REHEARING.</p> <p>3.Subsection 134, of section 2685, C. L. 1897, was repealed by chapter 26, Laws 1905-</p> <p>P. 334</p> <p>4.For errors of law occurring upon the trial of a cause the party’s remedy is by motion for a new trial, or appeal or error, and not by motion to vacate the judgment.</p> <p>P. 334</p>