From Casetext: Smarter Legal Research

Moore et al. v. Brannin

Supreme Court of New Mexico
Jan 8, 1929
274 P. 50 (N.M. 1929)

Summary

holding that the remedy when a judgment has been entered without notice is to file a motion to vacate the judgment

Summary of this case from Muse v. Muse

Opinion

No. 3168.

January 8, 1929.

Appeal from District Court, Colfax County; Kiker. Judge.

L.S. Wilson, of Raton, for appellants.

J. Leahy, of Raton, for appellee.


OPINION OF THE COURT


[ 1] The judgment in this cause was rendered upon findings of fact and conclusions of law. No exceptions of any kind were taken. So the findings cannot be reviewed. Stumpf v. Pohle, 28 N.M. 606, 216 P. 498. If any errors of law were committed, appellant has failed to indicate in what manner the attention of the trial court was called to such errors or different rulings invoked.

"The complaining party must fully advise the trial court of his theory of the law or facts, so that the court may be able to rule intelligently, and the party in the trial court receive the relief to which he is entitled."

Garcia v. Silva, 26 N.M. 421, 193 P. 498.

[ 2] These obstacles to a review are sought to be overcome by showing that, after hearing and argument, the cause was taken under advisement, and that the findings, conclusions, and judgment were arrived at and entered without notice to appellant. The fact is urged, both as an excuse for failure to take exceptions and as reversible error. Code 1915, § 4229, provides for notice to counsel before entering judgment or order in a cause which has been taken under advisement. We have held that the remedy in case of a failure to give such notice is by motion to set such judgment or order aside for irregularity. Code 1915, § 4230; McKinley County Abstract Inv. Co. v. Shaw, 30 N.M. 517, 239 P. 865.

No questions having been presented of which this court can, under its practice, take cognizance, the judgment must be affirmed and the cause remanded.

It is so ordered.

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


Summaries of

Moore et al. v. Brannin

Supreme Court of New Mexico
Jan 8, 1929
274 P. 50 (N.M. 1929)

holding that the remedy when a judgment has been entered without notice is to file a motion to vacate the judgment

Summary of this case from Muse v. Muse

noting that "[w]e have held that the remedy in case of a failure to give such notice is by motion to set such judgment or order aside for irregularity"

Summary of this case from Chapel v. Nevitt
Case details for

Moore et al. v. Brannin

Case Details

Full title:MOORE et al. v. BRANNIN

Court:Supreme Court of New Mexico

Date published: Jan 8, 1929

Citations

274 P. 50 (N.M. 1929)
274 P. 50

Citing Cases

Torres v. Thompson

No exception was taken to findings and conclusion of the court beyond the general formal exception entered in…

Thomas et al. v. Johns

In a long line of decisions this court has repeatedly held that questions, points, issues, and matters which…