(DOWNLOAD) "Notargiacomo v. Hickman" by New Mexico Supreme Court # Book PDF Kindle ePub Free

eBook details

Title: Notargiacomo v. Hickman
Author : New Mexico Supreme Court
Release Date : January 08, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

The single question presented by this appeal is whether the trial judge erred in refusing to honor a statutory affidavit of disqualification filed against him but tried the case and rendered judgment, instead. The judgment went in plaintiffs favor in the sum of $1025.39 for flowers and decorations furnished for a wedding. The recovery rendered was against defendants whose answer pleaded an oral agreement to furnish the decorations in question for the sum of $100. The plaintiff-appellee contends the affidavit of disqualification was not timely filed and further that, even if held to have been so filed, the defendants waived the statute by participating in the trial, notwithstanding they reserved their objection to the courts refusal to honor the affidavit. Plaintiff contends they should have applied to this court for prohibition.