Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-08-18
THE SUPREME COURT.
Three Opinions Handed Down, Affirming
Judgment of Lower Court in Two
Cases,

- ~ = "a hAsOAAoA OuRA NAAV OVutu COA-
vsned this morning at the usual hour,
with all members of the bench present.
In case No. 718, Browne s. Manzan-
ares, plaintiff in. error, vs.. Francisco
Chaves, (2d), defendant in error, error
to the District Court OF Bernalillo
cocnty, an opinion was handed down
affirming the Judgment of the lower
court with costs. This suit was brought
in the lower coult to recover the sum
| of 81, 40 from the defendant on
| judgment obtained in the District
Court Of Berhalill0 county In 1886.
The Judgment was nearly ten years old
at the time the action was brought, and
no execution has ever issued upon 1t so
far % the record shows. The court
held that in determining the cause
at issue that 1t was inn
portant to observe the difference
between q dormant and barred judg-
ment. A dormant judgment is one
that has become imperative as to its
execution, but barred Judgment is
one that is dead and cannot be enforced
or revived over the objection Of the
judgment debtor. At common law the
life of judgment was twenty years,
but II an execution was not issued
thereon within year and day, the
Judgment became dormant and an
alias execution could not be issued
thereon, unless revived by scire facias.
The judgment, therefore, although it
had become dormant, was not dead as
its life was twenty years. Associate
Justice McFie handed down the opin-
ion and it was concurred in by the rest
Of the bench. The plaintiffs were rep
by Childers s. Dobson, and the |
by b. s. Rodey.
In case No. 721, Denver Il Rio Grands |
Railroad Company, plaintiff In error, VS. |
the United States, defendant in error, |
error to the District court of Santa Fe |
county, decision was handed down |
reversing the Judgment of the lower
court, and the case was Temanded to the |
first judicial court with instructions |
to grant new trial. The suit was |
brought by the United States |
to recover the sum of $96, 900 from the /
Denver & Rio Grande road for unlaw- |
full cutting of timber from public lands. |
In the lower court the defendant was |
found guilty of the charge and the dam
ages assessed against it at $6,282. The
opinion was handed down by Chief |
Justice Mills, the associate justices con-
curing. The Denver & Rio Grande
railroad was represented by Wolcott &
Vale and E. L. Bartlett, w. B Childers
and A, A, Jones appearing for the
United States.
A decision in case No. $50, George X
Neher, plaintiff in error, vs.. Ambrosio
Armijo ct. al, defendants in error, error
TO the District court of Bernalillo county
was handed down affirming the judg-
ment of the lower court. This cause
was brought to secure and recover an
undivided interest in certain real estate,
and the lower court rendered judy
ment in favor OF the PLAINTIFF, ,Ambresio
Armijo and Anita Armijo. granting
hem an undivided two-tenths interest
Of the real estate in question and the
sum Of 1886 mesne rents and profits.
The opinion was handed down by Judge
the other members of the
court concurring. The plaintiff in er-
ror was represented by A. b. McMillen
and Childers & Dohson and the defend
ants in error by N. B. Field. - /
= Case No 793, Nancy ] Robinson, ad
appellee, VS.. VIM. HI. By-
srts, appellant, appeal from the District
Court OF Socorr0 county, was argued
and submitted. III. N. Dougherty for
the appellee, Warren, FERGUSON & Gil>
let for the appellant. I
Stephen b. Davis, Jr., Of Las Vegas,
applied for admission to the Supreme
Court bar.-New Mexican.