Andrews v. Warren Lumber & Paint Co., 201 P.2d 772 (N.M. 1949). · Go Syfert
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Andrews v. Warren Lumber & Paint Co., 201 P.2d 772 (N.M. 1949). Cases Citing This Book View Copy Cite
23 citation events (10 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1949 → 2026 · click a year to view as-of
1949 1987 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) State ex rel. Regents of Eastern New Mexico University v. Baca (2×) also: Cited "see"
N.M. · 2008 · confidence medium
Id. at 53, 55 , 201 P.2d at 773, 775 . {17} While DKD does not directly address that case, it argues either that its administrative remedies were exhausted when it obtained a final ruling from the hearing officer, or that it was not required to exhaust its administrative remedies.
discussed Cited as authority (rule) STATE EX REL. ENMU REGENTS v. Baca (2×) also: Cited "see"
N.M. · 2008 · confidence medium
Id. at 53, 55 , 201 P.2d at 773, 775 . {17} While DKD does not directly address that case, it argues either that its administrative remedies were exhausted when it obtained a final ruling from the hearing officer, or that it was not required to exhaust its administrative remedies.
cited Cited "see" Myers Ex Rel. White v. Kapnison
N.M. Ct. App. · 1979 · signal: see · confidence high
See Associated Petroleum Transport v. Shepard, 53 N.M. 52 , 201 P.2d 772 (1949).
discussed Cited "see" Potash Co. of America v. New Mexico Public Service Commission (2×)
N.M. · 1956 · signal: see · confidence high
See, Associated Petroleum Transport v. Shepard, 53 N.M. 52 , 201 P.2d 772 ; American Refrigerator Transit Co. v. Shepard, 53 N.M. 271 , 206 P.2d 551 ; Smith v. Southern Union Gas Co., 58 N.M. 197 , 269 P.2d 745 , and the very late case of Andrews v. Walker, 60 N.M. 69 , 287 P.2d 423 .
cited Cited "see, e.g." Smith v. Southern Union Gas Co.
N.M. · 1954 · signal: see also · confidence low
See also Associated Petroleum Transport v. Shepard, 1949, 53 N.M. 52 , 201 P.2d 772 , and American Refrigerator Transit Co. v. Shepard, 1949, 53 N.M. 271 , 206 P.2d 551 .
Retrieving the full opinion text from the archive…
Andrews
v.
Warren Lumber & Paint Co.
No. 5141..
New Mexico Supreme Court.
Jan 5, 1949.
201 P.2d 772
R. R. Posey and J. D. Weir, both of Las Cruces, for appellant., W. C. Whatley and William B. Darden, both of Las Cruces, for appellee.
Lujan, Brice, Sadler, McGhee, Compton.
Published
LUJAN, Justice.

The appellant, plaintiff below, seeks the reversal of a judgment denying him damages on account of injuries sustained by him while loading plaster sacks on his truck purchased from appellee, defendant below.

There is no question but the findings of fact, unless set aside, support the judgment in this case. These findings of fact were attacked by the assignment of errors, but were not argued as required by paragraph 6 of Supreme Court Rule 15, 1941 Comp. § 19-201(15), the material portion of which is as follows:

“A contention that a verdict, judgment or finding of fact is not supported by substantial evidence will not ordinarily be entertained, unless the party so contending shall have stated in his -brief the substance of all evidence bearing upon the proposition, with proper references t-o the transcript. Such a statement will be taken as complete unless the opposite party shall call attention in like manner to other evidence -bearing upon the proposition.”

The appellant has not stated the substance of all the evidence bearing upon the several propositions with proper reference to the transcript. No attempt was made to cite the transcript or state the substance of all of the testimony. The findings of the court, therefore, are the facts upon which the case rests in this court. In re White’s Estate, 41 N.M. 631, 73 P.2d 316; Robinson v. Mittry Bros., 43 N.M. 357, 94 P.2d 99.

As the judgment is amply supported by the findings of the court it must be affirmed.

It is so ordered.

BRICE C. J., and SADLER, McGHEE, and COMPTON, JJ., concur.