State ex rel. Reynolds v. Lewis
| Decision Date | 04 May 1964 |
| Docket Number | No. 7393,7393 |
| Citation | 74 N.M. 442,394 P.2d 593,1964 NMSC 95 |
| Parties | STATE of New Mexico ex rel. S. E. REYNOLDS, State Engineer, and Pecos Valley Artesian Conservancy District, Plaintiffs-Appellees, v. L. T. LEWIS et al., Boone Jones, Defendants-Appellants. |
| Court | New Mexico Supreme Court |
Earl E. Hartley, Atty. Gen., Santa Fe, Charles D. Harris, Sp. Asst. Atty. Gen., Roswell, for appellees.
William M. Siegenthaler, Artesia, for appellants.
Defendant Lewis his appealed from an order entered in Omnibus Cause Number 20294, Chaves County, by which defendants' water right in the Roswell Artesian Basin was determined to be for 23.1 acres rather than for 30.3 acres claimed.
The evidence was heard by a special master, all of whose findings and conclusions, insofar as pertinent to the issues in this appeal, were approved and adopted by the trial court. While the attack here is upon the court's findings, an appellate court must first review the sufficiency of the evidence to support those made by the master, Witt v. Skelly Oil Company, 71 N.M. 411, 379 P.2d 61. Since the findings by the court and the master are identical, we shall consider the attack, in this case, as though directed to the master's findings.
The principal challenge is directed to hydrographic survey maps, designated as the 'Dallas Survey,' a re-survey map sheet 16, 26-35, and a 'resources planning board map.' It is claimed that the facts disclosed by these maps are not substantially supported by the evidence. These hydrographic survey maps were similarly attacked in People ex rel. Reynolds v. Fulton, 74 N.M. 406, 394 P.2d 258, opinion filed April 27, 1964, a similar appeal from the same omnibus cause. The effect of these maps was determined adversely to defendants' contention in Fulton, and on authority of that decision defendants' (appellants') points I and III are without merit.
A review of the record discloses that findings of fact numbers 3, 9 and 10, attacked by appellants under point II are supported by substantial evidence; and, under the well-established rule, this court, on appeal, will not disturb such findings. The fact that there may have been contrary evidence which would have supported a different finding does not permit us to weigh the evidence. Sanchez v. Garcia, 72 N.M. 406, 384 P.2d 681; Gladin v. Compton, 72 N.M. 175, 381 P.2d 961. The trial court, as trier of the facts, must resolve all conflicts and we are bound by such findings...
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Office of State Engineer v. Lewis
...699, 663 P.2d 358 (1983); State ex rel. Reynolds v. Lewis, 88 N.M. 636, 545 P.2d 1014 (1976); 84 N.M. 768, 508 P.2d 577 (1973); 74 N.M. 442, 394 P.2d 593 (1964); see also Allman, 78 N.M. at 1-2, 427 P.2d at 886-87 (referring to the 1956 Lewis action); Hall, High and Dry, supra, at 256 n.32 ......
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McCauley v. Ray
...have supported a different verdict permit us to weigh the evidence. Renehan v. Lobato, 55 N.M. 532, 237 P.2d 100; State ex rel. Reynolds v. Lewis, 74 N.M. 442, 394 P.2d 593. * * We hold that testimony which was presented at the hearing on the motion for change of venue amounts to substantia......
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State ex rel. Reynolds v. Lewis
...have supported a different verdict permit us to weigh the evidence. Renehan v. Lobato, 55 N.M. 532, 237 P.2d 100; State ex rel. Reynolds v. Lewis, 74 N.M. 442, 394 P.2d 593. Viewing the evidence in that aspect, it meets the substantial evidence test.' Again, in the Tapia case, supra (78 N.M......
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Ortiz v. Mason
...have supported a different verdict permit us to weigh the evidence. Renehan v. Lobato, 55 N.M. 532, 237 P.2d 100; State ex rel. Reynolds v. Lewis, 74 N.M. 442, 394 P.2d 593. * * We have examined the record and evidence submitted to the trial court and, on the basis of the foregoing, we hold......