Wirt v. Kutz

Citations

• 15 N.M. 500

Syllabus

<p>■SYLLABUS (BY THE COURT.)</p> <p>1. This court will not on appeal disturb the verdiqt of a jury when supported by any 'substantial evidence. Candelaria v. Miera, 13 N. M. 361.</p> <p>2. In this case the jury gave as incident to the recovery by defendant of certain sheep “damages in double the amount of the value of the wool taken from the sheep replevined during their detention, Wool 620 pounds, 10 cents per pound,” held that such damages are not recoverable under sub-section 239, chapter 107, Laws of 1907, which allows double damages for the use of the property from the time of delivery.</p> <p>3. Error alleged in variance between verdict and judgment; the record in this case examined and held that the judgment was correct.</p> <p>4. Where an action is brought by certain persons described as a “copartnership doing business under the firm name and style of, etc.,” and judgment is rendered against the copartnership and not against the individuals composing it; held that this court .will supply the omission of the individual names by ordering them inserted in the judgment. Sub-sec. 94, sec. 2685, C. L. 1897.</p>