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13 N.M. 360

Candelaria ex rel. Candelaria v. Miera

New Mexico Supreme Court

Decided January 31, 1906

New Mexico Supreme Court · decided 1906-01-31

Abbott, Associate Justice. For all intents and purposes, Pabla Garcia de Míreles, grandmother of plaintiff, was the mother of said minor plaintiff, as the plaintiff’s own mother died when he was very young. Pabla died, and in her will, appointed E. A. Miera as guardian of plaintiff. See. 1439, Compiled Laws of New Mexico for 1897.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1906-01-31

How this case has been cited

Cited by 25 later decisions — most recently August 1968 · most notably Fullen v. Fullen (1915), Goldenberg v. Law (1913)

25 state decisions

1501906191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1OPINION OP THE COURT.

PARKER, J.

¶2This was an action for money had and received and was tried by the court without a jury by consent of the parties resulting in a judgment against appellant.

¶3This court has frequently held that the findings of a trial court are the equivalent of a verdict of a jury. Zang v. Stover, 2 N. M., 29; Torlina v. Trorlicht, 5 N. M., 148; Lynch v. Grayson, 7 N. M., 26;.Gale v. Salas, 11 N. M., 211; Romero v. Coleman, 11 N. M., 533; Rush v. Fletcher, 11 N. M., 555.

¶4Under just what circumstances a verdict of a jury will be disturbed by this court for conflict with the evidence has been variously stated. In some cases the right to do so has been denied when there is an}>' evidence to support it. In others it is said that this court will do so when there is no sufficient evidence to support the verdict. Various other forms of expression appear in the cases. See cases cited above and Waldo v. Beckwith, 1 N. M., 97; Archibeque v. Miera, 1 N. M., 160; Ruhe v. Abren, 1 N. M., 247; Bedeau v. Baca, 2 N. M., 124; Crolot v. Maloy, 2 N. M., 198 ; Territory v. Maxwell, 2 N. M., 250; Rodey v. Ins. Co., 3 N. M., 543; Cerf v. Badaraco, 6 N. M., 214; Territory v. Hicks, 6 N. M., 596; Ortiz v. Bank, 78 Pac. 529.

¶5Assuming that 'this court has power, in proper cases, to review and overturn findings of fact or verdicts of juries, and without attempting to classify the cases in which the power may and will be exercised, it is sufficient for the purposes of a decision of this case to state the rule of this court as follows: Ordinarily, neither the verdict of a jury nor the findings of fact of a trial court will be disturbed in this court when they are supported by any substantial evidence. ‘

¶6In view of this rule, it is perfectly apparent, from an inspection of this record, that the appellant can have no. relief here.

¶7The findings of the trial court are supported by substantial evidence and will not be disturbed.

¶8The judgment of the lower court should be affirmed, and it is so ordered. ■

William J. Mills, C. J., John B.- McFie, A. J., W. H. Pope, A. J., Edward A. Mann, A. J., concur.Abbott, A. J., having heard the ease below did not participate in this decision.
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