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eBook details

• Title: Varney v. Taylor
• Author : Court of Criminal Appeals of Oklahoma
• Release Date : January 22, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

This opinion should finally decide a cause of action that has traveled a long and rocky road through our courts. The action was commenced in the District Court of San Juan County, New Mexico, to recover damages for wrongful death. After trial without a jury, judgment was entered in favor of plaintiff on February 4, 1964. On appeal and cross-appeal, this court, in Varney v. Taylor, 77 N.M. 28, 419 P.2d 234 (1966), (designated as "Varney #1"), even though the case had been here once previously, Varney v. Taylor, 71 N.M. 444, 379 P.2d 84 (1963), affirmed the judgment, except as to the amount of the award for damages, and remanded the case to the trial court with instructions to enter a new judgment and compute the award in the manner provided for in the opinion. The new judgment was entered of record on March 3, 1967. Thereafter, another appeal and cross-appeal ensued. The latter judgment was affirmed, except as to the amount of the award. Varney v. Taylor, 79 N.M. 652, 448 P.2d 164 (1968), (designated as "Varney #2"). The cause was again remanded with direction to enter another new judgment and to apply to future damages a discount of three and one-half per cent. Pursuant to this mandate, an amended judgment was entered of record on February 17, 1969. This judgment denied interest from February 4, 1964 (date of original judgment), but did allow interest from March 3, 1967 (date of the second judgment).

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