Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-08-18
TERRITORIAL SUPREME COURT.
As
Judgment Of Lower Court Affirmed IN
Two Important Cases.
THIRD REnAHDED roR FEW 1R1,I.

The territorial supreme court convened
Tuesday morning at the usual hour, with
all members Of the bench present.
In case No. rs, Browne y Mama
mares, plaintiff in error, W. francisco
Cnsves, ca, defendant ia error, error TO
the district court OF Bsrnalillo county,
an opinion was handed down affirming
the judgment Of the lower court with
costs. This suit was brought in the
lower court 10 recover the sum OF ti,i7O
from the defendant on a judgment
obtained In the district court Of Betna-
lilo county in 1885. The ju lgment was
nearly ten years old at the time the
action was brought, and no execution
has ever issued upon 1t 10 far ~ the
record shows. The court held that In
determining the cause at Issue that il
WIS important 10 observe the difference
bstwsen q dormant and a barred iudg.
msut. A dormant Judgment is one that
has become imperative as to its exeou-
ton, but a barred Judgment Is one that
1 dead and cannot be enforced or re
ylved over the objection OF the judgment
debtor. AZ common law the life OF a
judgment was twenty years. but II an
execution was not issued thereon within
a year aud a day, the judgment became
dormant and IN alias execution could
not issue thereon, unless revived by scire
facias. The judgment therefore, al.
though II had become dormant, was not
dead as its life was twenty years. Asso-
clate Justice McFie handed down the
opinion and 1t was ]concurred in by the
rest Of the bench. The plaintiffs were
represented by Childers Il Dobson, and
the defendant by b. s. ROdey.
In case No. 72l. Denver & Rio Grande
Railroad company. plaintiff in error, vs.
the United States, defendant In error,
error to the district court OF Santa Fe
county, a decision was han ded down re-
yersing the judgment OF the lower court,
and the case was rema1 ded to the First
judicial court with instruct ons to grant
a new trial. The suit was originals
brought by the United States to recover
the sum Of $4,000 from the Denver 4
Rio Grande road for unlawful cutting OF
timber from public lands. Ia the lower
court the defendant vas found guilty OF
the charge and the damages assessed
against 1t at t6,2S2 The opinion was
handed down by Chief Justice Mills, the
associate justice concurring. The Den.
YER & Rio Grande railroad was repre-
ssnted by WolcOtt n Vale and h. l.
Bartlett, W. b. Childers and A. A.. Jone.
appearing for the United States.
A decision in case No. 100, George X
Neher, plaintiff in error, Va. Ambrosl,
ArmijO ct al defendants In error, erro
TO the district court OF Bernalillo county
was handed down affirming the judg
ment Of the lower court. The cause wa
brought TO secur and recover an undi
yided interest In certain real estate, ant
the lower court rendered a judgment II
favor Of the plaintiffs, AmbrosiO Armij
aud Anita ArmijO. granting them al
undivided two-tenths' interest OF tn,
real estate Ia question and the sun
OF 1896 mesne rents and profits. Tn
opinion was handed down by Judgu
Crumpacker. the other members OF IN
court concurring. The plaintiff In erro
was represented by A. b. McMlllen AM
Childsrs & Dobson, and the defendant
In error by N. b. Field.
Case No. 1893, Nancy J.. Robinson, ad
ministratrix, appellee, W. Vim. II. Byerts
appellant, appeal from the district cour
OF Socorro county, was argued and sub
mitted. II. NJ Dougherty for the appel
lee, Warren, Ferguson 81 Gillett for In
appellant.
stephen B. Davis, Jr, Of Las Vegas, ap
piled for admission to the supreme cOur
bar.