Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1901-10-02
SANTA FE, N. M, WEDNESDAY, OCTOBER 2, 1901.
THE TERRITORIAL
SUPREME COURT
A Number of Important Opinions We're
Handed Down Yesterday Afternoon
This Forenoon.
RESOLUTIONS In MEMORY
OF 5. B. NEWC0MB

After the territorial supreme coul
yesterday afternoon had handed dow
number of opinions Solicitor GeneI
al e. l.. Bartlett moved the adoptio
of the following resolutions after whic
the court adjourned for the afternoo
out of respect to the memory of tn
late S. B. Newcomb, Esq, of La
Cruces:
| Whereas, death has aga'a entere
our bar since the last meeting of thi
court, and has taken from us one 0
our Oldest and most respected main
bers, in the person of Hon. S. B. New
comb of Las Cruces, who was admitted
to practice here in January, 1879, an
| has been present at almost every sas
| sion since that time.
Be it resolved that in the death o
| Judge Newcomb, this court has lost al
able and faithful counselor and advis
er; the bar an earnest, eloquent ant
| respected member; the territory al
| honest and progressive citizen, and hi
family tender, loving and providen
head
That the deepest sympathy of the
bench and bar are extended to his wild
ow in her sad bereavement.
That these resolutions be spread up
on the record of this court and a copy
thereof under it's seal be transmitted
to Mrs. Newcomb; and that out of re-
spect to the memory of our deceased
brother this court do now adjourn.
In case No. S57, Hebert II. Strong,
appellant, VS.. Matte l.. Eakin ct al,
appelle, an appeal from Bernalillo
county, the judgment of lower court
was reversed and the lower court was
directed to set aside the judgment dis
missing the case. The opinion is by
Associate Justice McFie. 1t holds that
the rule of the civil law regarding the
community of property of married per-
sons is ont repealed in New Mexico ex-
cept by the act of the wife.
In case No. S74, an appeal from San
Miguel county, territory of New Mex
leo, VS.. Nicanor Herrera, the lower
court was reversed as to sentence and
who had been convicted of murder and
had been sentenced to ten years in
the penitentiary. The record of the
lower court failed to show that Herre-
ra had been asked by the court before
he was sentenced, whether he had
anything to say. The opinion was by
Associate Justice j. w. Cruaspa,ker.
In case No. 1856, James J. Hagerman
appellant, VS.. The Territory of Ney
Mexico, appellee, involving the pay
ment of taxes an appeal from Chave
county, the judgment of the lowe
court was affirmed the opinion, which
was by Associate Justice Crumpacker,
holds that the statute of limitation
does not apply to taxes.
In case No. SS7, T. P. Robinson VS..
The Palatine Insurance company, an
appeal from Bernalillo county, the
judgment of the district court was af-
firmed. Robinson had secured ver-
dict in the district court for $4,000 in
SuIdICt uuc Illul. IlC was ny
Chief Justice Mills.
In case No. 8S9, the Early Times Dis
tillery company VS.. Charles Zieger, ct
al, an appeal from the district court Of
Bernalillo county, involving the pay
ment of debt, the judgment of the
district court was affirmed. The opin-
ion was by Associate Justice McMil-
Ian.
In case No. 1876, The Territory of New
Mexico VS.. Manuela Olguin de Cullen,
an appeal from San Miguel county,
the judgment of the lower court was
affirmed. The woman had been convic-
ted of numbering her husband while
he was outside of the house sleeping
in wagon. The opinion was by As
sociate Justice McFie.
In case No. 1898, Jesse S. Gale and
Walter Farr appellants, VS.. Ray
mundo Salas, appellee, an appeal from
Bernalillo county, the Judgment Of the
'ower cour. vas affirmed. The case
h.vclved thc replevin of 200 to 800 sheep
vnlred at $3.50, the lower court having
dismissed the case for want Of suffi-
cient eviderce. The opin.on was by
a:sociate Justice McFie.
Case No. 800, Thomas b. Catron ct al.
appellant, VS.. S. N. Laughlin, ct al,
was continued until the next term Of
court.
In case No. S95, Territory of New
Mexico VS.. Manuela Olguin de CULLEN,
an appeal from San Miguel county, an
order was entered to correct the orig
inal transcript.
In case No. 300, the Bank of Com
merce VS.. George W. Harrison, an ap-
peal from Bernalillo county, the judg-
ment of the lower court giving Harri-
son $7,993.33 was affirmed. The opin-
ion was by Associate Justice McMil-
Ian.
In case No. 9O2, an appeal from Ber-
nalillo county. George K. Neher, appel
liant, VS.. Ambrosio Armijo and Anita
Armijo appellees. the judgment of the
lower court was affirmed. The case in
volved some property rights.
In case No. 907, an appeal from Ber-
nalillo county, M. w. Flourney ct al,
vs.. Bullock, Baker & Co. and George
w. Champion, the judgment Of the
lower court was reversed and the
case remanded to the district court to
sustain the first exception of Appel
liant Rice to the report Of the referee
and to dismiss the petition Of interven-
err The opinion was by Chief Justice
Mills.
In case No. 1893, Levi Spiegelberg,
Will Spiegelberg, surviving members
Of the firm Of Spiegelberg Brothers,