Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1898-08-16
FOR SALE BY
n. B. CARTWRIGHT 4 BRO.
TERRITORIAL SUPREME COURT.
Three Opinions Handed Down, Affirming
Judgment of Lower Court in Two
Gases Remaining Third for
a New Trial.

NCW 1llQlt
The Territorial Supreme court con-
vened this morning at the usual hour.
with all members of the bench present
In case No us, Browne & Manzan-
ares, plaintiff in error. vs.. Francisco
Chaves, (2d), defendant in error. error
| to the district court Of Bernalillo county.
all opinion was handed down affirming
the Judgment of the lower court with
costs. This suit was brought in the
lower court to recover the sum of $4.-
! TO from the defendant on a judgment
obtained in the district court of Ber-
nalillo county in 1885. The Judgment
| was nearly ten years old at the time the
action was brought. and no execution
has ever issued upon it so far as the
record shows. The court held that in
determining the cause at issue that it
was important to observe the difference
between a dormant and barred Judy
ment A dormant Judgment is one that
has become imperative as to its eXecu
ton. but Il barred Judgment is one that
is dead and can not be enforced or re-
vived over the objection Of the udg
mcnt debtor. AT common law the life
of Il Judgment was 20 years, but if an
execution was not issued thereon with
in a year and day, the judgment be-
came dormant and an alias execution
could not issue thereon, unless revived
by scire facias. The judgment. there
fore although it had become dormant.
was not dead as its life was 20 wears
Associate Justice McFie handed down
the opinion and it was concurred in by
81, l,n Ia, ,1,
were represented by Childers & 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 en-
ror. error to the District court Of Santa
Fe county, decision was handed down
reversing the Judgment of the lower
court and the case was remanded To
the 1st judicial court with Instructions
to grant a new trial. The suit was
originally brought by the United States
to recover the sum of $96. 900 from the
Denver & Rio Grande road for unlawful
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 S6.2s2. The
opinion was handed down by Chief
Justice Mills. the associate justices
concurring The Denver Il Rio Grande
railroad was represented by Wolcott Il
Vale and E. l.. Bartlett. W. B. ChildcrS
and A. A. Jones appearing for the nit
ed States.
A decision in case No. 80. George X.
Neher. plaintiff in error. vs.. Ambroso
Armiio ct al, defendants in error. error
to the District court of Bernaillo conn-
ty was handed down affirming the iudg-
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 a judg-
ment in favor Of the plaintiffs, Ambrosio
Armijo and Anita Armijo, granting
them an undivided two-tenthS interest
of the real estate in question and the
sum of S23G mesnr rents and profits
The opinion was handed down by Judge
Crlmpacker, the other members OF the
court concurring. The plaintiff in er-
ror was represented by A. b. McMillcn
and Chidcrs & Dobson. and the defend
ants in error by n. b. Field.
Case No. 1913. Nancy J. Robinson. ad-
minstratrix, appellee, vs.. Wm. II. By
erts, appellant, appeal from the District
court of Socorro county. was argued
and submitted. H. Nj. Dougherty for
the app allee. Warren, FERGUSON a Gill
let for the appellant.
Stephen b. Davis, Jr.. of Las Vegas.
applied for admission to the Supreme
court bar.