substance doctrine (New Mexico) · Go Syfert
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substance doctrine in New Mexico

14 New Mexico opinions name it 2 courts 1922–2024 4 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Cordova v. Taos Ski Valley, Inc.green
nmctapp · 1995 · cited in 1 New Mexico opinions naming this issue, 2024–2024
2 sentences

2024See Deaton v. Gutierrez, 2004-NMCA-043, ¶ 31 , 135 N.M. 423 , 89 P.3d 672 ; see also Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009 , ¶ 13, 121 N.M. 258 , 910 P.2d 334 (“A party who has contributed, at least in part, to perceived shortcomings in a trial court’s ruling should hardly be heard to complain about those shortcomings on appeal.”).

2024See Deaton v. Gutierrez, 2004-NMCA-043, ¶ 31 , 135 N.M. 423 , 89 P.3d 672 ; see also Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009 , ¶ 13, 121 N.M. 258 , 910 P.2d 334 (“A party who has contributed, at least in part, to perceived shortcomings in a trial court’s ruling should hardly be heard to complain about those shortcomings on appeal.”).

11
Deaton v. Gutierrezgreen
nmctapp · 2003 · cited in 1 New Mexico opinions naming this issue, 2024–2024
2 sentences

2024See Deaton v. Gutierrez, 2004-NMCA-043, ¶ 31 , 135 N.M. 423 , 89 P.3d 672 ; see also Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009 , ¶ 13, 121 N.M. 258 , 910 P.2d 334 (“A party who has contributed, at least in part, to perceived shortcomings in a trial court’s ruling should hardly be heard to complain about those shortcomings on appeal.”).

2024See Deaton v. Gutierrez, 2004-NMCA-043, ¶ 31 , 135 N.M. 423 , 89 P.3d 672 ; see also Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009 , ¶ 13, 121 N.M. 258 , 910 P.2d 334 (“A party who has contributed, at least in part, to perceived shortcomings in a trial court’s ruling should hardly be heard to complain about those shortcomings on appeal.”).

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Elane Photography, LLC v. Willockgreen
nm · 2013 · cited in 1 New Mexico opinions naming this issue, 2024–2024
1 sentence

2024See Elane Photography, LLC v. Willock, 2013-NMSC-040, ¶ 70 , 309 P.3d 53 .

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New Mexico Department of Health v. Comptongreen
nm · 2001 · cited in 1 New Mexico opinions naming this issue, 2023–2023
1 sentence

2023See id.; accord Compton, 2001-NMSC-032 , ¶ 12 4 (recognizing “the severe curtailment of liberty which involuntary commitment in a 5 mental institution can entail” (internal quotation marks and citation omitted)).

11
State v. Torresgreen
nm · 1999 · cited in 1 New Mexico opinions naming this issue, 2020–2020
1 sentence

2020See Torres, 1999-NMSC-010, ¶ 10 .

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Bank of Santa Fe v. Honey Boy Haven, Inc.green
nm · 1987 · cited in 1 New Mexico opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., Bank of Santa Fe v. Honey Boy Haven, Inc., 106 N.M. 584, 587 , 746 P.2d 1116, 1119 (1987) (stating that, “[r]atification of the action of a corporate officer for which antecedent authority might not have existed may be either express or implied, and may arise through the corporation’s acquiescence in or recognition of its officer’s unauthorized act, or by actions of the corporation representing an acceptance or adoption of the unauthorized act”); see also Grandi v. LeSage, 74 N.M. 799, 810 , 399 P.2d 285 (1965) (“The substance of the doctrine [of ratification] is confirmation after

2007See, e.g., Bank of Santa Fe v. Honey Boy Haven, Inc., 106 N.M. 584, 587 , 746 P.2d 1116, 1119 (1987) (stating that, “[r]atification of the action of a corporate officer for which antecedent authority might not have existed may be either express or implied, and may arise through the corporation’s acquiescence in or recognition of its officer’s unauthorized act, or by actions of the corporation representing an acceptance or adoption of the unauthorized act”); see also Grandi v. LeSage, 74 N.M. 799, 810 , 399 P.2d 285 (1965) (“The substance of the doctrine [of ratification] is confirmation after

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Grandi v. LeSagegreen
nm · 1965 · cited in 1 New Mexico opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., Bank of Santa Fe v. Honey Boy Haven, Inc., 106 N.M. 584, 587 , 746 P.2d 1116, 1119 (1987) (stating that, “[r]atification of the action of a corporate officer for which antecedent authority might not have existed may be either express or implied, and may arise through the corporation’s acquiescence in or recognition of its officer’s unauthorized act, or by actions of the corporation representing an acceptance or adoption of the unauthorized act”); see also Grandi v. LeSage, 74 N.M. 799, 810 , 399 P.2d 285 (1965) (“The substance of the doctrine [of ratification] is confirmation after

2007See, e.g., Bank of Santa Fe v. Honey Boy Haven, Inc., 106 N.M. 584, 587 , 746 P.2d 1116, 1119 (1987) (stating that, “[r]atification of the action of a corporate officer for which antecedent authority might not have existed may be either express or implied, and may arise through the corporation’s acquiescence in or recognition of its officer’s unauthorized act, or by actions of the corporation representing an acceptance or adoption of the unauthorized act”); see also Grandi v. LeSage, 74 N.M. 799, 810 , 399 P.2d 285 (1965) (“The substance of the doctrine [of ratification] is confirmation after

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Melendez-Diaz v. Massachusetts green
scotus · 2009
2 sentences

2012Id.

2012Id.

22012–2012
Dunn v. Hudson River Electric Co. green
ny · 1912
2 sentences

1936The substance of the rule declared in these cases was expressed by Judge Hiscock in Re Dunn, supra, 205 N.Y. 398 , 98 N.E. 914 , Ann.

1936The substance of the rule declared in these cases was expressed by Judge Hiscock in Re Dunn, supra, 205 N.Y. 398 , 98 N.E. 914 , Ann.

21936–1936
Lopez v. Devon Energy Prod. Co. green
nmctapp · 2020
2 sentences

2024Co., L.P., 2020-NMCA-033, ¶ 39 , 468 P.3d 887 (internal quotation marks and citations omitted). {13} Here, Defendant does not provide evidence of prejudice—beyond mere assertion thereof—and we struggle to find any demonstration of prejudice considering (1) the district court’s repeated clarifications that Plaintiff had the burden of proof as to causation, which we perceive to have effectively conveyed the substance of the instruction; and (2) Defendant’s apparent failures to object or restate an objection to the instruction, submit appropriate corrections to the instruction as prompted by the

2024Co., L.P., 2020-NMCA-033, ¶ 39 , 468 P.3d 887 (internal quotation marks and citations omitted). {13} Here, Defendant does not provide evidence of prejudice—beyond mere assertion thereof—and we struggle to find any demonstration of prejudice considering (1) the district court’s repeated clarifications that Plaintiff had the burden of proof as to causation, which we perceive to have effectively conveyed the substance of the instruction; and (2) Defendant’s apparent failures to object or restate an objection to the instruction, submit appropriate corrections to the instruction as prompted by the

12024–2024
Birdo v. Rodriguez green
nm · 1972
2 sentences

2023Birdo v. Rodriguez, 1972- NMSC-062, ¶¶ 6-7, 84 N.M. 207 , 501 P.2d 195 (looking to the substance not the form or title of a claim to determine if requested relief can be granted).

2023Birdo v. Rodriguez, 1972- NMSC-062, ¶¶ 6-7, 84 N.M. 207 , 501 P.2d 195 (looking to the substance not the form or title of a claim to determine if requested relief can be granted).

12023–2023
Chambers v. Mississippi green
scotus · 1973
1 sentence

2020Even if these preliminary requirements had been met, however, Defendant still fails to establish that the district court’s limiting of testimony warrants reversal, as she asserts it does. {43} Concerning Defendant’s first argument, regarding the limitation on her own testimony, her only citation to authority in support of the substance of her claim is Chambers v. Mississippi, 410 U.S. 284 (1972).

12020–2020
State v. Folk green
nm · 1952
2 sentences

1986With respect to the insanity defense, as the supreme court has indicated in State v. Folk, 56 N.M. 583 , 247 P.2d 165 (1952), the trial court has some discretion in evaluating the substance of the claim.

1986With respect to the insanity defense, as the supreme court has indicated in State v. Folk, 56 N.M. 583 , 247 P.2d 165 (1952), the trial court has some discretion in evaluating the substance of the claim.

11986–1986
Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co. green
nm · 1972
2 sentences

1978Co., 83 N.M. 558 , 494 P.2d 971 (1972) this Court stated that the doctrine of the law of the case has long been recognized in New Mexico, describing the substance of the doctrine to be: If an appellate court has considered and passed upon a question of law and remanded the case for further proceedings, the legal question so resolved will not be determined in a different manner on a subsequent appeal.

1978Co., 83 N.M. 558 , 494 P.2d 971 (1972) this Court stated that the doctrine of the law of the case has long been recognized in New Mexico, describing the substance of the doctrine to be: If an appellate court has considered and passed upon a question of law and remanded the case for further proceedings, the legal question so resolved will not be determined in a different manner on a subsequent appeal.

11978–1978
Muench v. Heinemann neutral
fla · 1903
2 sentences

1922As stated in Muench v. Heinemann, 119 Wis. 441 , 96 N. W. 800 , in the language of Mr. Justice Winslow, ‘the substance of the requirement’ as to proceedings in the trial court for judgment for one ¡party, when taking the verdict at its face the judgment Should and does go the other way, to entitle such party upon prevailing on appeal to a direction from this to the lower court to render judgment in his favor ‘is that the appellant shall move for judgment after the verdict is. in, so that the trial court may have an opportunity to pass on the question.’ The real philosophy of that, it seems, is

1922As stated in Muench v. Heinemann, 119 Wis. 441 , 96 N. W. 800 , in the language of Mr. Justice Winslow, ‘the substance of the requirement’ as to proceedings in the trial court for judgment for one ¡party, when taking the verdict at its face the judgment Should and does go the other way, to entitle such party upon prevailing on appeal to a direction from this to the lower court to render judgment in his favor ‘is that the appellant shall move for judgment after the verdict is. in, so that the trial court may have an opportunity to pass on the question.’ The real philosophy of that, it seems, is

11922–1922

Statutes the citing opinions construe

NM § N.M. Stat. § 66-8-102 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IN 372 (1892–2025) TX 273 (1878–2026) CA 128 (1911–2026) IL 101 (1875–2026) NY 69 (1865–2026) PA 64 (1870–2026) CT 48 (1896–2025) CO 45 (1910–2026) OR 40 (1928–2026) NJ 38 (1950–2026) OH 35 (1900–2026) MI 34 (1892–2025) FL 33 (1946–2026) NC 31 (1931–2025) TN 31 (1907–2017) MO 31 (1867–2025) MA 29 (1895–2024) AL 29 (1897–2025) IA 28 (1871–2026) AZ 25 (1965–2025) OK 24 (1913–2017) MD 24 (1914–2026) MN 22 (1892–2026) MS 22 (1969–2024) ID 22 (1905–2019) GA 21 (1935–2024) WI 19 (1906–2026) WV 18 (1925–2025) WA 17 (1925–2021) KS 17 (1922–2006) VA 15 (1936–2024) LA 14 (1934–2020) ME 14 (1968–2026) NM 14 (1922–2024) NE 14 (1905–2021) UT 13 (1925–2025) DC 10 (1973–2021) KY 10 (1912–2021) ND 10 (1982–2015) AR 10 (1906–2017) SC 8 (1950–2024) DE 8 (1936–2026) NV 7 (1977–2021) VT 7 (1898–2026) RI 7 (1890–2016) HI 6 (1973–2010) SD 6 (1912–2021) NH 4 (1845–2012) WY 4 (1958–2020) AK 3 (1979–2024) MT 3 (1940–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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