Hicks v. Maestas
Decision Date | 07 August 1962 |
Docket Number | No. 7132,7132 |
Citation | 1962 NMSC 102,70 N.M. 347,373 P.2d 916 |
Parties | A. B. HICKS, Plaintiff-Appellee, v. Benny MAESTAS and Sarah Maestas, his wife, Defendants-Appellants. |
Court | New Mexico Supreme Court |
M. P. Guiterrez, Santa Fe, for appellants.
Patricio S. Sanchez, Annette R. Shermack, Santa Fe, for appellee.
Appellants, who were defendants below, question the judgment of the trial court in a replevin action, by reason of the fact that the judgment failed to specify the actual or market value at the time of the detention, and further failed to segregate the value and the amount of damages for the detention.
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. Butt's 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 appellant's 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:
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From an examination of the entire record, it would appear that the judgment of the trial court granted substantial justice. Therefore, even though under the statute the actual value of the property and damages should...
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State ex rel. State Highway Commission v. Chavez
...value of his property. Also, it seems in order that we note our recent approval of this rule in a replevin action, Hicks v. Maestas, 70 N.M. 347, 373 P.2d 916 (1962). While we fully appreciate the considerations which move appellant to take the position which it espouses--in condemnation ca......
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Measday v. Sweazea
...reasonable value of his services. Anderson v. Zweigbaum, 150 Conn. 478, 191 A.2d 133, 5 A.L.R.3d 941 (1963). Compare Hicks v. Maestas, 70 N.M. 347, 373 P.2d 916 (1962). Plaintiff testified as to the reasonable value of the services rendered in removing the surplus water and (2) The trial co......
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State v. Zarafonetis
...to defendant's contention, that an owner of chattel property is competent to testify as to the value of his property. Hicks v. Maestas, 70 N.M. 347, 373 P.2d 916 (1962); see Whitley v. State, 36 N.M. 248, 13 P.2d 423 (1932), 3 Wigmore, Evidence § 716 (3rd ed. 1940). This rule is applicable ......