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33 N.M. 9

261 P 820

Ambrose v. Gregorio

New Mexico Supreme Court

Decided November 7, 1927

New Mexico Supreme Court · decided 1927-11-07

Good law ✅— No negative treatment on recordhow we know

Decided 1927-11-07

How this case has been cited

Cited by 12 later decisions — most recently April 2019

2 federal appellate · 1 district · 8 state decisions

701927193019401950196019701980199020002010decided

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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¶1 OPINION OF THE COURT

WATSON, J.

¶2 Appellant sued for an injunction. Appellee answered the complaint, and appellant filed a reply. The cause was heard upon the pleadings and the evidence. The court thereupon rendered judgment, holding that the complaint did not set forth a cause of action entitling the appellant to the injunction, dismissing the temporary injunction, and awarding costs to appellee.

¶3 To this- judgment appellant excepted and moved for an appeal, which was granted.

¶4 Several errors are here assigned, but the only one argued is that the court erred in not permitting appellant to amend his complaint. This, if it be error, is not available. Appellant made no objection or exception, aside from the general one in the judgment, and did not offer to amend nor request permission to do- so. He cannot therefore be heard to object. While under Laws 1917, c. 43, § 37, no exception is required in the trial of equity cases, the many decisions to the effect thcit error, to which the attention of the trial court was not directed in some manner, is not available on review are too familiar to require citation. This case does not seem to come within any of the exceptions to that rule.

¶5 The judgment must therefore be affirmed .

¶6 It is so ordered.

PARKER, C. J., and BICKLEY, J, concur.
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