Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-06-29
LOSE
IMPORTANT CASE
Gambling and Liquor License
Fees Not Theirs Says
Court.

| JuSIlCo FRANK w. faTker, AS6OCldte
Justice William H. Pope, Associate
Justice Edward A. Mann, Associate
Justice Ira A. Abbott, J. D. Sena, clerk
of the court was at his post. United
States Marshal C. M. Foraker was rep.
resented by his deputy, H. j. Cooper
The Territory was represented by At.
torney General w. c. Reid.
The following business was trans.
acted:
No. 1143. Territory Of New Mex
leo, appellant, VS.. Frank A. Hubbell,
appellee. Attorney General w. G.
Reid appeared for the Territory and
w. B. Childerc for the appellee. The
appeal was dismissed without preju-
dice.
No. 1882. Territory of New Mex
leo, appellee, VS.. Garland Livingston,
appellant. w. G. Reid appeared for
the appellee and Freeman and Cam
eron for the appellant. Motion ror
rehearing overruled.
No. 1898. Florence P. Johnson, ap.
pellee, VS.. Roman L. Baca ct al, appel.
liant. A. B. Mcmillan appeared for the
appellee and A. B. Renehan for the
appellant Motion for rehearing over
ruled and notice for judgment on sure
ties granted.
No. 1899. FL Captain Land and Cat
tie Company, plaintiff in error, VS.. e.
H. Lees, defendant in error. Geo. W.
Pritchard appeared for the plaintiff
and George B. Barber and Vandeveer
and Morton for the defendant. Mo-
tion for rehearing overruled.
No. 1926. Territory Of New Mex
leo, appellee, VS.. Jake Neatherlin, ap-
pellant. Attorney General W. G. Reid
appeared for the Territory and Free
man and Cameron and Robert G. Reid
for the appellant.
The following order was adopted by
the court:
In the Supreme Court Of the Terri.
tory of New Mexico, January Term,
A. D. 1906.
1t Is ordered that the following rule
be, and the same hereby, is adopted,
and the same shall be in full force and
take effect from and after the first day
of August, A. D. 1906.
RULE XVIII.
In all cases brought to this court
by writ of error or appeal to review
any Judgment or decree, the clerk of
the court by which. .such judgment or
decree was rendered shall annex to
and transmit with the record copy
of the opinion or opinions filed In the
case.
The following decisions were hand
ed down:
No. 1897. The First National Bank
of Albuquerque, appellee, VS.. George
F. Albright ct al, appellants A case
to restrain the assessor and collector
Of Bernalillo County from making any
new and additional assessments OF the
capital stock and property OF the bank
Cause reversed and remanded to the
dictrict court of Bernalillo County
with instructions to disn, 81 case. NC
MILAN & Raynolds appe'red for the
appellee and G. ". PrN ard ana +.
w. Clancy for the appetants,
No. 1907. Alexandra Sandoval, ap'
pellant, VS.. The Board of County Com
missioners of Bernalillo County, ap-
pellee. The question involved in this
case was as to the rights of Sando-
val as assessor of Berna,illo County
to receive four per cent commission
upon all licenses assessed and col
lected by him. The opinion Of the
court was that county assessors OF
the various counties since the enact
ment ard taking effect of Chapter 1903,
Session Laws of 1901, are not entitled
to commission upon gaming and
liquor licenses collected in their re-
spective counties. The judgment of
the lower court was affirmed with
costs. E. w. Dobson appeared for
the appellant and F. W. Clancy for
the appellee.
No. lila Frank A. Hubbell, appel
liant, vs.. Board Of County Commission
ers of Bernalillo County The ques-
ton involved in this case was as to
whether the county treasurers and
collectors of New Mexico are entitled
to commission of four per cent on
gaming and liquor licenses collected.
The opinion of the courl was that
they are not entitled to monies of
this kind collected during the period
intervening between the act of March
8, 1901 and the passage Of Sec. II
Chap. 81, Laws of 1905. The decision
Of the court below was affirmed. W.
B. Childers appeared for the appel
liant and F. v Clancy fol the defend.
ant.
| No. 1140 Territory of New Mex.
leo, appellee, VS.. J. H. Russell, appel
liant. In tn case the ,pellant was
charged with illegal peddnng and sell
ing goods. rThe articles sold was a
buggy, and the opinion G, the court
was tha. buggy did no. come under
the term domestic macr merry" The
Judgment Of the lower court was
affirmed. G. W. prishard represented
the Territory in this cass and Rene.
han & Thompson appeare for the ap.
pellant.
No. 1924. Susan u. Barber, plain.
TIN In error, vs.. Monroe Harper, de.
fendant In error. "A suit In replevin
TO recover COW and calf which was
sold BY the plaintiff In error to the de,
fendant, but held in the possession of
the former. Mrs. Barber contracted
to sell 270 head Of cattle marked with
certain brand, among which were
the COW and calf. She delivered 25e
head and gave horses for the re.
/ mainder. The cow and calf y,0t Va ~, :