15 N.M. 273
Decided January 6, 1910
New Mexico Supreme Court · decided 1910-01-06
Abbott, Associate Justice. Neither of appellant’s propositions are within the issues made by the pleadings in his case and were not, therefore, properly before the court below. Chaves v. Meyers, 11 N. M. 342; Armijo v. Mountain Elec. Co., 11 N. M. 243; Bliss Code PL, par. 352; Pom. Rem. Pars. 691, 711; Hagan v. Surch, 8 Iowa 309; Smith v. Holmes, 19 N. Y. 271; Elder v. Rourke, 41 Pac. Rep. 7; Hickey v.- Thompson, 12 S. W. Rep. 477; Johnson v. Meyer, 16 S. W. Rep. 123.
Affirmed · Decided 1910-01-06
¶1OPINION OF THE COURT.
¶2The facts and legal questions involved in this case are practically the same as those in case No. 1249 (Joseph C. Baldridge, v. A. J. Morgan, et al.) and it was agreed that the opinion filed in the foregoing case should be decisive of each case.
¶3The judgment of the District Court is therefore affirmed.