GURULE v. LARSON

No. 8329.

433 P.2d 81 (1967)

78 N.M. 496

Joaquin GURULE and Lala C. Gurule, his wife, Plaintiffs-Appellees, v. C.R. LARSON, Defendant-Appellant.

Supreme Court of New Mexico.

October 30, 1967.


Attorney(s) appearing for the Case

Threet, Threet, Glass & King, Albuquerque, for appellant.

A.L. Strong, Jacob Carian, Albuquerque, for appellees.


OPINION

BLYTHE, District Judge.

We are asked in this appeal in effect to modify a judgment by striking a conclusion that the defendant was guilty of gross negligence, where the original complaint contained no such allegation but a trial amendment to the complaint was allowed to insert it, in the absence of the defendant, who had appeared and answered but was not present in person or by counsel at the trial. We hold that this is no ground for relief under...

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