Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-08-01
THE DISTRICT COURT.

stsmm Commences Suit Against the city
Other interesting Notes.
NJ. p. Stamm has commenced suit In
the district court against the city OF Al
buquerque To restrain the city from ex-
pending the public funds in enlarging
the open ditch running through the bust.
ness portion OF the city and TO abate the
same ~ n nuisance. Theplaintid claims
that the ditch IL dangerous to health and
Is public nuisance, and that even when
cleaned out and enlarged IL cannot be
maintained ~ an open ditch without
great danger to health, owing to the pop
ul0us condition OF the part OF the city
through which IL runs, and owing TO the
stables. 0uthOuses. factories, business
aud residence buildings along and under
which II runs; and therefore that the
proposed action Of the city council would
subject the taxpayers OF the city 70
thousands OF dollars expense without rem
| edying the evil.
The city authorities contend that the
pr0prietOrs OF one OF the acequias north
OF the city have acquired a right to dis
charge their surplus water through this
ditch, and that they are bound to keep II
open. The ditch in question passes
under Trimble's livery stable and the
business and residence buildings along
Its line from Copper avenue to Huning
avenue, between Second and Third
streets.
Dolores Gutierrez de 0terO and Thos 8.
Hubbell w. Levi Jaramillo de Gutierrez.
Guadalupe Gutierrez, Jr., a minor, Josefa
j. Gutierrez and Emelia Perea de Par
ente, is the title Of suit commenced In
the district court this morning. The suit
Ia brought by the plaintiffs for the psrti-
tion Of the estate Of the late Guadalupe
Gutierrez. who died in June, 1896, intest-
ate, leaving no will, In accordance with
the respective rights OF the various par
ties TO the action.
An order WAS entered In the above case
appointing Nestor Montoya special officer
to make service.
| In the case OF Geo. G. Brown w. New
Mexico Savings Bank and Trust com
pany. the application OF Albert Carroll to
have the moneys and certificates Of Lizzie
Carroll. deceased. turned over TO him ~
the sole surviving heir, WAS sustained
and the receiver waa ordered TO turn over
to Albert Carroll the dividends now pay.
able on the account OF the said Lizzie
Carroll.
In the case OF the German American
Insurance company w. Henry Lockhart
at al, a motion to strike out the first and
second paragraphs of the separate answer
OF q. i Albright. was sustained at Al
brlghts cost and Defendant Albright ex-
cepted.
In the case OF John A. Henry w. Albert
krlschker and his unknown heirs, a de-
cree was eh'ereu auyuugihg llat the
estat' ol the piThlliI III tne property OF
.ne utlehuhul4 oe ss'aollSnea against ths
auVe,sh oIa'!Is VI lhe ueIehuants anu
.hn' .uey os io'e'eI naIreu iIoni ha'ing
isa, in nnsation advaysa 90 ,ha III ,Ia int,f
Otto niackmann hos .ommonnaa emi,
aoainat ptcha,t naavas az a. 20 Sova his
interest in certain described real estate
established against the adverse claims of
the defendants
| -
| Peter sherwood Is laid up with q
nrokeh leg; .ne result OF an accidental
ia'' ~ msi'ni M hahIn "nolesaie house'
niab, Tha ininrad romhar 10 aradnaIiy,, !,
imnrovinn hn; ia a, ~ yar, oarl ~
| MIS-. u. ~. fhkln anu UpT daughter.