{
  "id": 2797307,
  "name": "Eloy CHAVEZ, Incompetent, by Bernabe Trujillo, as Guardian of his person and Estate, Plaintiff-Appellant, v. Joan R. LOWE and John E. Lowe, Defendants-Appellees",
  "name_abbreviation": "Chavez ex rel. Trujillo v. Lowe",
  "decision_date": "1965-01-25",
  "docket_number": "No. 7563",
  "first_page": "754",
  "last_page": "755",
  "citations": [
    {
      "type": "official",
      "cite": "74 N.M. 754"
    },
    {
      "type": "parallel",
      "cite": "398 P.2d 622"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 170,
    "char_count": 2006,
    "ocr_confidence": 0.683,
    "pagerank": {
      "raw": 5.574266493056857e-08,
      "percentile": 0.35016925697212464
    },
    "sha256": "28fdccac3e1e87ff15c58c4ce071de7387bfead26d2167c2df5e29d6cd16423d",
    "simhash": "1:0e2c180171083b5c",
    "word_count": 326
  },
  "last_updated": "2023-07-14T17:26:44.283414+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "NOBLE and MOISE, JJ., concur."
    ],
    "parties": [
      "Eloy CHAVEZ, Incompetent, by Bernabe Trujillo, as Guardian of his person and Estate, Plaintiff-Appellant, v. Joan R. LOWE and John E. Lowe, Defendants-Appellees."
    ],
    "opinions": [
      {
        "text": "CARMODY, Chief Justice.\nThe trial court, on motion of appellees, ordered plaintiff\u2019s complaint dismissed \u201cwithout prejudice to the right of the plaintiff to file his complaint in Bernalillo County.\u201d\nAppellant appealed, solely on the ground that a guardian may bring suit to recover damages for personal injuries to his ward in the county of the guardian\u2019s residence, although the residence of the ward is elsewhere.\nBoth appellant\u2019s appointment as guardian and his residence were in Sandoval County. When this is considered together with appellees\u2019 concession in their brief \u201cthat a guardian has a right to bring a suit in the county of the guardianship * * it is apparent that there is little reason for further comment. However, appellees urge that there was discretion in the district court to change the venue, that there was no showing of any abuse of discretion, and that because there were no findings there is nothing to be reviewed by this court.\nWe see no reason to discuss the questions as to discretion or abuse thereof, because quite obviously no discretion as to venue was exercised; contrariwise, the case was dismissed. Also the fact that there are no findings is of no consequence; the pleadings themselves are all that were before the trial court and are likewise before us.\nThe sole question is strictly a legal one, i. e., whether the trial court erroneously dismissed the action. This being conceded, there is no merit to further discussion.\nThe cause will be reversed and remanded to the district court with direction to reinstate the same on the docket and proceed in a manner not inconsistent herewith. It is so ordered.\nNOBLE and MOISE, JJ., concur.",
        "type": "majority",
        "author": "CARMODY, Chief Justice."
      }
    ],
    "attorneys": [
      "Julius Wollen, Sutin & Jones, Albuquerque, for appellant.",
      "Shaffer & Butt, Albuquerque, for appellees."
    ],
    "corrections": "",
    "head_matter": "398 P.2d 622\nEloy CHAVEZ, Incompetent, by Bernabe Trujillo, as Guardian of his person and Estate, Plaintiff-Appellant, v. Joan R. LOWE and John E. Lowe, Defendants-Appellees.\nNo. 7563.\nSupreme Court of New Mexico.\nJan. 25, 1965.\nJulius Wollen, Sutin & Jones, Albuquerque, for appellant.\nShaffer & Butt, Albuquerque, for appellees."
  },
  "file_name": "0754-01",
  "first_page_order": 806,
  "last_page_order": 807
}