Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1898-08-26
TERRITORIAL SUPREME COURT.
Three Opinions Handed acknowledgement
of Lower Courts Affirmed in Two Gases
One Case Reversed and
Remanded.

Remanded.
The territorial supreme Court met
this morning at 10 o'clock with all mem
bers of the bench present. Opinions
were handed down in cases Nos. 72s,
735 and 7S4.
In case No. 1928, Frederick Scholle,
plaintiff in error, VS.. Maximiliano Pine.
defendant in error, error to the district
court of Bernalillo county, an opinion
was handed down by Associate Justice
Leland. which was concurred in by
Chief Justice Mills and Associate JUS
tees McFie, Crumpacker and Parker,
in which the Judgment of the lower
court was affirmed, and the setoff
prayed for allowed. This case was
somewhat peculiar in that the plaintiff,
Scholle, had a Judgment in Valencia
county against the defendant. Pine; the
defendant, Pine, had a judgment
against the plaintiff, Scholle, in Berna-
lilo county, and in the lower court the
Judgment was in favor of the defendant,
Pine, but as the plaintiff had prayed for
no setoff in the lower court, no setotf
was allowed. On an appeal to the Su-
preme court u setoff was prayed for by
the plaintiff and it was allowed, in ad-
dition to affirming the judgment rem
dered by the inferior court. The court,
in rendering the opinion, prepared the
following syllabus: Judgments in
cross-sections may be setoff,- the one
against the other, when the parties in
interest are the same. on motion ad.
dressed to the court in which one or
both of the actions is pending. If, after
both such judgments or claims are
matured, M party assigns his judg-
ment or claim, such setotf will be al
lowed Notwithstanding such assign
ment." N. B. Field for the plaintiff;
Warren, Ferguson and Gillett for the
defendant.
In case No. 735, Price & Walker,
plaintiffs in error, VS. w. II. Weed ct al,
defendant in error, error to the District
court of Lincoln county, an opinion was
| handed down by Associate Justice Lee
land which was concurred in by the
| other members of the court, in which
the Judgment of the lower court was al
tirmed with costs of the suit. In the
lower court a Judgment was rendered in
favor of w. II. Weed ct al. for the re
covery of a certain amount of money
This action was in aSsumpsit based on q
simple written contract, and the Su
preme court in rendering the opinion
said: Courts will not admit evidence
on the trial Of an action based on {
written contract, the effect of which
would be to vary its term from theil
plain intent and meaning. When sucl
evidence is inadvertently permitted tt
go to the jury, it is the duty of the cour
to withdraw such evidence" j. Y
Hewitt, for plaintiffs; J. E. Wharton TO,
defendants.
In case No. 1874, Territory of New
Mexico, appellee, VS.. Beltran Williams
appellant, appeal from Dona Ana coun
tv, an opinion was handed down by AS
sociate Justice Leland, in which tn,
other members of the court, with the eX
ception of Associate Justice McFie, wht
did not sit in the case, c%oncurred. Tht
judgment of the lower court was reversed
and the case remanded for new trial
This cause came to the superior cour
on an appeal from the district court o.
of Dona Ana county, in which the ap
pellant was convicted for perjury, ant
the court in rendering the opinion, said
"The evidence of one witness alone
not corroborated by any other evidence
Is insufficient to warrant a conviction
on a charge of perjury" E, L, Bartlett
for the appellee; G. F. Bonham for thu
appellant.
Case No. 1877, Territory of New Mex.
leo, appellee, VS.. Michael Wolfe ct al.
appellants, appeal from Socorro county
was argued and submitted. E. L. Bart
lett for the appellee; E. V. Chaves and
Francis Buchanan for the appellants.
At noon today the court took a recess.
for feveral days. No more cases viii
be heard for the present, and thu
judges will spend the time from day tt
day in deciding cases which have beer
argued and in handing down opinions
An adjourned term of the court will b
held later in the year.