Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-08-29
tnRRlfORlAL sbPRsMn cOuRt.
orInIons nanded Down Judrment 3

Opinions Handed Down Judgment Of
Lower Court Affirmed in Two Cases.
The territorial supreme court met Fri
day morning at 10 o'clock with all mem
bers Of the bench present. Opinions we're
handed down in cases No. 72s, 1855 and
7Sl.
CASH NO 72s.
In case No. 72s. Frederick seholle,
plaintiff in error, W. 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 Justices Nc.
File, Crumpacker and Parker, in which
the Judgment OF the lower court was AZ.
lrmed. and the setoh prayed for allowed
This case was somewhat peculiar in that
the plaintiff. Sch1lle, had a judgment in
Valencia county against the defend
ant, Pine; the defendant. Pine,
had q judgment against the plain
til. Scholle. in Bernalillo 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
10 rer court, no setod was allowed. On
an appeal to the supreme court a setoff
was prayed for by the plaintiff and IL was
allowed, In addition to Affirming the
judgment rendered by the inferior court.
The court, In rendering the opinion, pre-
pared 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 adj.
dressed 10 the court in which one or both
OF the actions Is pending. II. after both
such judgments or claims are matured.
one party assigns his judgment or claim,
such seto1 will be allowed notwith-
standing such assignment" N. B Field
for the plaintiff; Warren, Ferguson &
Gillett FOR the defendant.
CAsE NO. 735.
In ease No. 1856, Price & Walker, plain.
tins in error, Va. W. n. Weed ct al, de-
PENDANTS In error, error to the district
court Of Lincoln county, an opinion was
handed down by Associate Justice Leland
which was concurred in by the other
members Of the lower court, In which the
judgment Of the lower court wa affirmed
with costs Of suit. In the lower court a
judgment was rendered in favor OF W. II.
Weed ct al. for the recovery OF a certain
amount VI money. This action was In
assumpsit. based on a simple written
contract, and the supreme court in rem
dering the opinion, said: Courts will
not admit evidence on the trial Of an &C.
ton based On a written contract, the
effect Of which would be to vary its term
from their plain intent and meaning.
When such evidence is inadvertently
permitted to go to the jury, it is the
duty OF the court to withdraw such evil
dence." J. Y. Hewitt for plaintiffs; J. Il.
Wharton for defendants.
CASE NO. 1884.
In case No. 1874, Territory OF New Mex
leo appellee, VI. Beltran Williams, appel
liant, appeal from DOnA Ana county, an
opinion was handed down by Associate
Justice Leland, in which the other mem
bers OF the court, with the exception Of
Associate Justice McFie, who did not sit
In the case, cOncurred. The Judgment
OF the lower court was reversed and the
case remanded for new trial. This cause
came TO the superior court on an appeal
from the district court OF bona Ana
county, In which the appellant was con.
yicted for perjury, and the court in rem.
dering the opinion, said: "The evidence
OF one witness alone, not cOrrObOrated by
any other evidence, is sufficient TO war
rant a conviction on a charge of~perjury.'
X. L. Bartlett for the appellee; g. +. Bon
ham for the appellant.
Case No. 7s7, Territory Of New Mexico,
appellee, vs.. Michael Wolfe, OF ell, appel
lants, appeal from Socorro county, was
argued and submitted. X. l.. Bartlett for
the appellee; X. v. Chayes and Francis
Buchanan for the appellants.
At Don Friday the court took q recess
for several days. No more cases will be
heard for the present, and the judges will
spend the time from day TO day in decid-
ing cases which have been argued and IN
handing down opinions, An adjourned
term OF the court will be- held later In the
year.