Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1902-01-16
DISTRICT COURT.
Peremptory Writ of Mandamus Granted
by Judge McFie

In the case of Robert G. Gortner ct
al, vs. The Board of County Commits
sioners of Taos county and Higinio
Sanchez, treasurer of Taos county,
Judge McFie yesterday afternoon
granted a peremptory writ of manda-
mus directing the board of county
| commissioners to issue warrants to
the several creditors in the suit. pro
fatable of the funds of delinquent
taxes of 1899 and 1900 The writ ex-
cludes Higinio Romero, ex-shGriff, one
of the plaintiffs, on the ground that he
| having recovered Judgment at the De-
cember term, 1901, his judgment be-
comes an Indebtedness of the year 1901.
! 1t was held incidentally that Higinio
Romero is entitled to receive payment
out of the funds now in the county
| treasury to the credit of 1901 or that
may come into the treasury for 1901, of
such amount as will bring the total
payment up to the percentage which
all other creditors have received and
until he does receive such proportion
| he stands in relation to such fund as
| preferred creditor.
| The decision holds further that mas
| much as the board of county cotnmis-
sioners issued a warrant to Higinio Ro-
nero for $176 which the treasurer re-
fused to pay, such warrant must be
recalled and the said s176 apportioned
among the general creditors not in
| cluding Higinio Romero, of Taos coun-
ty, for 1899 and 1900.
The most important effect of the de-
cision is that when a creditor of
county appeals from disallowance of
| any portion of his claim from the Or
| der of the board Of county commits
| sioners to the district court and pre-
walls upon his appeal, the judgment
thus recovered becomes an indebted
ness of the quarter of the year next
succeeding the Judgment and is paya-
BILE out of the funds on hand for that
year, but he is entitled to recover n
| the settlement of that quarter sUcn
amount of money as will place him a
an equality in amount received with
| the general creditors of the year or
years in which the Indebtedness ac-
crued. The total amount claimed by
the plaintiffs is about $500.
This ruling was made because of
provision of the Bateman act which
says that upon such appeals if the ap
pellant secures a judgment for more
tha nthe commissioners have allowed
him, it shall be settled by the commits
sioners in the next quarter after the
| judgment is entered.
In the case Of Sarah E. Young VS..
The Red River Mining Company, Judge
McFie overrruled a motion for new
trial made by the company. The suit
was an adverse filed against the is
suance of patent on three mining
claims in the Red River district, Taos
county.
To architects engineers, and the pub
lie generally, we are open to contract
or otherwise, for plastering, brick-lay-
ing, cement and concrete work, side
walks and cellar floors, etc, concrete
and adobe buildings, erected with pa
tent apparatus. Boiler setting and en-
gine foundations speciality; also dams
and reservoirs built; satisfaction given
and workmanship guaranteed 20 years
experience in the city of San Francisco
and other parts of California; address
Jno H. Holsworth and Co., P. 0. Box
No. 231; Santa Fe, N. M.