Summary

Hopkins v. Orr — Opinion of the Court

The manifest object of the statute is, not merely to restrain the appellate court from going outside of the record, but to enable it to render such a judgment as, upon a consideration of he whole record, justice may appear to require. The supreme court of the territory was therefore authorized to affirm the judgment rendered by the district court upon the general verdict for the plaintiffs, if the facts contained in the record supported any count in the declaration, as we have seen that they did.
Source: Wikisource

Hopkins v. Orr — Opinion of the Court

In New Mexico that rule has been abrogated by the statute of the territory, by which 'the supreme court, in appeals or writs of error, shall examine the record, and on the facts therein contained alone shall award a new trial, reverse, or affirm the judgment of the district court, or give such other judgment as to them shall seem agreeable to law.' Prince, Laws, c.
Source: Wikisource

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