[DOWNLOAD] "Hicks v. Maestas" by New Mexico Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Hicks v. Maestas
- Author : New Mexico Supreme Court
- Release Date : January 07, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
In the course of the trial, the defendant objected to the testimony of the plaintiff as to the actual value of the property involved, and this objection was sustained. There is no question but what the owner is competent to testify as to the value of his property (see, Whitley v. State, 1932, 36 N.M. 248,13 P.2d 423; Baltimore American Ins. Co. of New York v. Pecos Mercantile Co., 10th Cir.1941, 122 F.2d 143; Anno., 37 A.L.R.2d 970, particularly at 974 and 1025; and compare, Martinez v. Vigil, 1914, 19 N.M. 306, 142 P. 920, L.R.A.1915B, 291; Rutherford v. James, 1928, 33 N.M. 440, 270 P. 794, 63 A.L.R. 237; and Wilcox v. Butts Drug Stores, 1934, 38 N.M. 502, 35 P.2d 978, 94 A.L.R. 726), and therefore the trial court was in error in refusing to accept this testimony. To allow the appellant to now rely upon this deficiency in the evidence, which was brought on by the appellants own objection, cannot be countenanced. In effect, it was error induced by the appellants and they cannot now take advantage of the claimed failure to prove the value. In Heisch v. J. L. Bell & Co., 1902, 11 N.M. 523, 70 P. 572, another replevin case which is almost directly in point, we said: