Supreme Court of New Mexico
Decision Information
Posey v. Dove - cited by 98 documents
State ex rel. Blythe v. Second Judicial Dist. Court - cited by 3 documents
Decision Content
IRWIN V. LAMAR, 1964-NMSC-253, 74 N.M. 811, 399 P.2d 400 (S. Ct. 1964)
A. LEE IRWIN,
Plaintiff-Appellee,
vs.
CLYDE LAMAR, Defendant-Appellant
No. 7505
SUPREME COURT OF NEW MEXICO
1964-NMSC-253, 74 N.M. 811, 399 P.2d 400
December 14, 1964, filed
Filed on Motion for Rehearing. Rehearing Denied February 22, 1965.
COUNSEL
McATEE, TOULOUSE, MARCHIONDO, RUDD & GALLAGHER, MARY C. WALTERS, Albuquerque, New Mexico, Attorneys for Appellee.
B. J. BAGGETT, Farmington, New Mexico, Attorney for Appellant.
JUDGES
NOBLE, Justice, wrote the opinion.
WE CONCUR:
DAVID W. CARMODY, C.J., DAVID CHAVEZ, JR., J.
OPINION
OPINION ON MOTION FOR REHEARING
NOBLE, Justice.
{1} Appellant, for the first time on rehearing, asserts a lack of jurisdiction in the trial court because of failure to allege an indebtedness owing to Meadowdale, Inc. The contention is without merit. The court permitted an amendment to the pleadings to conform to the evidence. The complaint will be treated in all respects as so amended, and a failure to formally amend the pleadings does not affect the result of the trial on such issues. Rule of Civil Procedure 15(b) (21-1-1(15)(b), N.M.S.A. 1953). See Posey v. Dove, 57 N.M. 200, 257 P.2d 541. The motion for rehearing is denied.
{2} WE CONCUR:
DAVID W. CARMODY, C.J., DAVID CHAVEZ, JR., J.