Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1901-10-03
SUPREME COURT.
Important Opinions Handed Down
tuesday Afternoon,
RESOLUTIONS OF COINCIDENCE.

After the territorial, Supreme court
Tuesday afternoon had handed down
a number of opinions. Solicitor Gen.
eral Il. l.. Bartlett moved the adoption
Of the following resolutions. after
which the court adjourned for the aft
ernoon out of respect to the memory
Of the late $. u. Newcomb, Esq, Of
Las Cruces:
Whereas. Death has again entered
our bar since the last meeting Of this
court and has taken from us one of
our oldest and most respected mem.
bers in the person OF Hon. s. II. New
comb of Las Cruces, who was admit.
ted to practice here In January, 1879,
and has been present at almost every
session since that time; be It
Resolved, That In the death Of
Judge Newcomb this court has lost
an able and faithful counsellor and
advisor: the bar an earnest, eloquent
| and respected member: the territory
| m honest and progressive citizen. and
his family a tender. loving and provi.
dent head.
That the deepest sympathy Of the
bench and bar are extended to his
widow IN her sad bereavement.
That these resolutions be spread
upon the record of this court and a
copy thereof under its seal be trans
mitted to Mrs. Newcomb; and that
| out of respect to the memory of u
| deceased brother this court do now
| adjourn.
In case No. S57 Herbert T. Strong.
| appellant, VS.. Matte l.. Eakin ct al,
| appellee. an appeal from Bernalillo
county, the judgment Of the lower
court was directed to set aside the
Judgment Diminishing the case. The
opinion is by Associate Justice McFie.
1t holds that the rule of civil law re-
gardlng the community OF properly
married persons is not repealed In
New Mexico except by the act OF the
wife.
In Ease No. S74, an appeal from San
Miguel county. territory of New Mex.
leo. VS.. Nicanor Herrera. the lower
court was directed to sentence Herrera,
who had been convicted of murder
and had been sentenced to ten "ears
in the penitent.ary. ~ oi
the lower co.." al
Herrera J. II
before nc g
had anyth
by Assoclt
er.
In case \
appellant, ~ New
Mexico. apI .nyolvlng the pay
ment OF taxes, an appeal from Chave.
county, the Judgment OF the lower
court was affirmed; the opinion, which
was by Associate Justice C~rumpacker
holds that the statute of Limitation
does not apply to taxes,
In case No. SS7, T. =. Robinson VS.
the Palatine Insurance company, tn
Judgment of the district court was af
nrmcd. Robinson had secured a yer
dict in the district court for 81, 5O(
insurance due him. fhe opinion wa:
by Chief Justice Mills.
In ease No. $50, the Early Times
Distillery company VS.. Charles Iiegel
ct al, an appeal from the district court
of Bernalillo county. involving the
payment of a debt, the Judgment OF
the district court was aairmed. The
opinion was by Associate Justice Nc
MILAN.
In case No. s95, 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 oma had been con
victed of numbering her husband Will,
he was outside the house sleeping II
a wagon, The opinion was by Asso
ciate Justice McFfe.
In case No. S9S, Jesse s. Gale anO
Walter Farr, appellants. VS.. Raymundt
Salas, appellee, an appeal from Der
nalillo county, the judgment of tn,
lower court was affirmed. The cas-
involved the replevin OF 200 to 80
A., sheep valued at $3.50, the lower cour
! having dismissed the case for war
Of sufficient evidence. The opinio
was by Associate Justice McFie.
Case No. $50, Thomas b. CatrOn
al, appellant, VS.. S. n. L~aughlin, {
al, was continued until the next teri
of court.
In case No. S95. territory of Ne
Mexico rs. Manuela Olguin de Guile.
an appeal from a Miguel county, q
p order was entered To correct the orr
inal transcript.
In case No. 500, an appeal from BE
nalillo county, George X. NeheT, a
pellant, VS.. Ambrosio Armiio and Ami
Armijo, %appollees, the judgment OF q
lower court was affirmed. The ca
involved some property rights.
In case No. 907, an appeal from BE
nalillo county, NJ. w. Tourney ct a
VS.. Bullock, Baker q Co. and Georl
w. Champion, the judgment Of Il
lower SQUIRT was reversed and the ca
remanded to the district court TO 81
tain the first exception of Appella
Rice TO the report Of the referee al
10 dismiss the petition of iuteryen,
The opinion was by Chief Justi
Mills.
In case No. 1913, Levi Spiegelber
Will Splegelberg, surviving membe
of the nrm of SDipgplbprg BRO