Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1906-03-03

plaintiff that defendant has Possession
Of The Office.
Another important case involved the
title 10 a pan Of the Compromise Mine
It White Oaks. Lincoln county. and
there the decision was In favor Of
Benjamin II. Dye and William B. Chill.
ders. appellees- This was the only
opinion 10 which there vas any dls-
sent. both Chief Justice w. J. Mills
and Associate Justice John r. McYie
dissentiug.
The following opinions we're handed
down:
No. Ill3--Benjamin n. Dye and vii.
liam B. Childers. appellees. VI. n. C.
Crary. ct al, appellants. appeal from
Socorro county. The judgmsat below
was affirmed. the opinion bang BY
Judge Mann; Chief Justice Mills and
Associate Justice NcFfe dissenting.
II. b. Ferguson and Eifeeo Baca. a.
torneys for appellants. and w. b. Chill
desr for appellees.
No. li2S-TerFitory a New Mexi.
co. appellee. W. Jake Netheriin. appel
liant. from Roosevelt county. The
judgment of the lower court vas al.
armed. the opinion being by Judge Ab.
bott. Netherlin had been convicted
OF receiving two stolen horses OF the
the value OF 500 each. Attorney Gene
raj George w. Prichard for the terri.
tory, and Freeman 4 Cameron arl
Robert c. Reid for appellant.
No. is6S-Alexancer NJ. McHeadry.
plaintiff In error. VS.. The Lincoln
Lucky and Lee Mining company. II.
b. Cartwright CT al. defendants IN er.
ror, the case involving valuable min
ing property In southern Santa re
county. Motion TO strike out the mo
ton for a new trial and the bill OF ex.
ceptions from The record Ii denied.
Per curtain W. b. Childers and y. B.
1sughlin for the plaintiff In error. and
f. A. Fske for defendant In error.
No. lii2-Thomas s. Huhbesl, rela.
tor, We. Ira A. Abbott, judge Of the
Second judicial district, respondent.
In this case a preliminary xrit Of i'm
junction directed /, o Judge Ira A. All,
bolt by Judge Edward A. Mann to re-
strain the former from proceeding fur
Their In the case involving title 10 the
Office Of sheriff OF Bernaiillo county,
was dissolved. Opinion by Chief Jus
tice William J. Mills. w. b. Childers,
4. B. Mcmillan and e. W. Do5son for
the reiator. and Neil B. Field and
Frank NJ. Clancy for the respondent
In No. Ills. Frank A. HEhbe!l. ap
p~elIant. vi. Jnsto r. Arniii0. appellee:
No. lils. Eslayio Vigil. appellant. vs.
Andrew b. Sironp. appellee: No. ilI5
Territory OF New Mexico tx rel Tho
mas S. HubbeIl appellant. VS.. William
E Dame. clerk Of the District Court
u the Second Judicial District OF the
Territory of New Mexico. appellee
ana No. llls, Thomas S. Hnhbeii. ap
p~allan,. vs.. Perfec,0 ArEniio. appellee,
all from BernaliElo county. and arising
ont OF the removal by GovernonDter1
Of the appellants from Office. the judy
rnsnt Of the lower court being affirm
ell. the nrss two being BIZ curiam. In
The third named. the opinion WAS by
Judge Pope, and in the last named by
Judge Parker, the attorneys In eacn
case being the same al In No ii12.
No 1Il4--Frank A. HabbeIi. appel.
liant. rs. Board OF County Commission
ers. Bernalillo county, appellee. aris-
ing out Of the same controversy. is
still on the docket and has not been
passed upon as yet by the court
No. 11~3u--Jones. Downs Il com.
pany, appellee. vs.. Weld G. Chandler,
es All, appellants. appeal from the
District Court OF Grant county. r. NJ.
Turner for appellee. and Oscar A.
Appel for appellants. affirmed with
Eve per cent. damages for appellee.
Opinion by Chief Justice Mills
No. 11sS-El CAPTAIN Land x Cattle
company. plaintiff in error, VS.. E. II.
Lees, defendant in error, error 10 the
district court for Lincoln county. q
W. Prichard appearing for the Ell Ca
pitan Land 4 Cattle company and
George h. Barber and vanderyeer and
Morton for defendant in error. At
Armed. Opinion by Judge McFie. The
suit involved a judgment for several
thousand dollars secured in Kansas
against the FL Captain Land n Cattle
company. which Judgment was upheld
by the Supreme court.
No. 1e75--The United States 81
America. appellee. vs.. the Rio Grande
Dam and Irrigation company. appeal
from the Third judicial District, w. Fl.
H. Lfewe'lyn. United States attorney,
for the United States and Klock &
Owen for the appellants. Affirmed.
Opinion by Judge John r McFie. This
Ia merely another and probably the
final phase Of the famous litigation In.
volvIng the right Of the Rio Grande
Dam and Irrigation company TO build
q dam In the Rio Grande al the Ele-
phan, Buttes, in Sierra county. and
which has been before the United
States Supreme court and vas re-
manded TO the territorial supreme