Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-08-28
SUPREME COURT.
A Number Of Important Decisions Made
By That Body,

The supreme court met this morning,
with Chief Justice w. J. Mills and Asso-
ciate Judges j. R. McFie, j. w. Crum-
packer and F. w. Parker on the bench.
Judge C. A. Leland has not arrived, but
is expected here this evening. A large
number of attorneys from all parts of
the territory were in attendance.
E. w. .Whitlock was appointed bailiff
of the court.
The court handed down opinions in
the following cases:
No. 761, the Alliance Assurance Com
pany, plaintiff in error, VS.. Bartlett &
Tyler, defendants in error, Valencia
county; r. w. D. Bryan and Sylvester
G. Williams, attorneys for the plant
ifs, and Childers & Dobson, attorneys
for the defendant. The court, in an
opinion by Chief Justice w. J. Mills,
sustains the lower court. The plaintiffs
in the case had been g%arnisheed in a
suit brought by Bartlett & Tyler
against Nellie Holmes and James H.
Holmes, her husband, asking for a
judgment of LOO. The lower court dis
missed the case against James H.
Holmes, gave judgment against Nellie
Holmes, and in the sum of 81, 036.22 /, and
! also against the Alliance Assurance
| Company for $457. go. 1t is against the
latter judgment that the plaintiffs ap-
pealed.
No. 1888, the National Bank of Albu-
querque, plaintiff in error, VS.. Lesser &
Levinson. Alonzo b. Mcmillan was
counsel for the plaintiffs, and Childers
& Dobson for the defendants. The opin-
ion is by Judge F. w. Parker, and the
with instruction to grant a new trial.
No. 773, John E. Goblin, chairman of
the board of county commissioners, and
Manuel M. Salazar, clerk of the board
Of county commissioners of Colfax
county, plaintiffs in error, VS.. Charles
B. Kohlhausen, Christopher M. Black
| we'll, Alfred C. Price, Timothy F. Nc
| Auliffe, defendants in error. Twitchell
and Reid, attorneys for plaintiff, and
Jones and Springer for defendants. The
l OpIlllOl u Ny Ao6C ooAAAA y AASH Az oAN
sustains the opinion Of the lower court.
A peremptory suit of mandamus had
| been issued by the lower court compell-
ing the plaintiffs to move the capital of
the county from Springer to Ration, and
compelling them to make a bond issue.
The plaintiffs in error maintained that
chapters 6 and 80 Of the laws of 1897,
under which the mandamus was issued
and the removal was made, are uncon-
stitutional, invalid and void, because
they are local and special, and in con-
1ict with the acts of congress.
No. 1872, Territory of New Mexico ex
rel. John A. Lee, executor of the last
will and testament of William E. Tai
bott, deceased, appellee, VS.. Frank A.
Hubbell, probate judge of Bernalillo
county, appellant. A. B. Mcmillan for
appellant and Neill B. Field for appel
lee. The opinion Is by Judge Parker,
and reverses the judgment of the lower
court, with instructions to dismiss the
writ of mandamus. The case is an APP
peal from the decision of the probate
Judge, who denied a motion to strike out
from the files of the court exceptions
filed by the creditors of the estate.
The court approved the expense ac-
count for the quarter ending June 80,
1899, of George P. Money, assistant
United States attorney. The amount is
$62.1O
Two mandates from the United States
court were filed and the necessary or
ders granted. The mandates are in
cases Nc. 1853 and No. 254, both the Rio
Grande Irrigation and Colonization
Company VS.. Charles A. Gildersleeve.
In the first the supreme court of the
United States dismisses the writ Of err
ror, and in the other the supreme court
affirms the decision Of the lower court
and gives judgment in favor of Mr.. Gill
dersleeve for $76, 1893. 80, with interest
from September 10, 1894, at IL per cent,
with costs.
This afternoon Hon. Neill B. Field
asked the court for a writ Of habeas
corpus in behalf of B. G. Wilson, the
New Mexico general agent Of the Cont
mental Oil Company, who was recently
arrested at Albuquerque. The court
took the petition under advice.
Other opinions were handed down this
afternoon too late for details to be pub
lished today.
Ex-0ov. Prince VIII Crate,
Ex-Governor Prince will deliver an
address at the Union fair at Springer.