Supreme Court of New Mexico
Decision Information
Koch v. Ziegler - cited by 5 documents
State v. Woo Dak San - cited by 18 documents
Decision Content
KOCH V. BACH, 1930-NMSC-055, 35 N.M. 93, 290 P. 322 (S. Ct. 1930)
KOCH
vs.
BACH
No. 3451
SUPREME COURT OF NEW MEXICO
1930-NMSC-055, 35 N.M. 93, 290 P. 322
June 09, 1930
Appeal from District Court, Santa Fe County; Holloman, Judge.
Rehearing Denied July 17, 1930.
Action by A. C. Koch, doing business under the name of Santa Fe Electric Laundry against Henry Bach. Judgment for defendant, and plaintiff appeals.
SYLLABUS
SYLLABUS BY THE COURT
1. A party who participated without objection in litigating the decisive issue will not be heard on appeal to complain that it was not properly pleaded.
COUNSEL
A. M. Edwards, of Santa Fe, for appellant.
J. O. Seth, of Santa Fe, for appellee.
JUDGES
Watson, J. Catron and Simms, JJ., concur. Bickley, C. J., and Parker, J., did not participate.
OPINION
{1} OPINION OF THE COURT This case is controlled by Koch v. Ziegler, No. 3417, 35 N.M. 91, 290 P. 321, just decided. Though the pleadings, the evidence, and appellee's position are somewhat different, appellant's contentions are the same, and must be similarly disposed of. Appellant did, in this case, except to certain findings that they were immaterial to the issues. But, if those exceptions meant that a defense of unreasonable discharge had not been pleaded, it was too late after appellant had litigated the issue without objection.
{2} The judgment must be affirmed, and the cause remanded. It is so ordered.