Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-27
HOW PAYMENT OF
THAT $1,000 WAS
OVERLOOKED
SUIT TO MAKE MAX
FROST PAY IT BACK
Difficulty Experienced
in Securing Copy of Com
plant in Water Company
Case.


lNDtftli tflNptifu iU the MORNING JDuFhitis ]
Santa Re. n. NJ, July 2G.-Some
days ago. there was filed IN the Office
Of the clerk Of the district court of
this district an action praying that a
judgment obtained by Mas Frost, sub
stitutcd plaintiff. be set aside and that
some $1,000 paid 10 Max Frost be res
paid 10 the county. II appears that
Mr.. Frost ana Others overlooked "thr
fact shown by the county records that
a settlement had previously been mado
Of the account. ne Indebtedness being
fully paid n discharged"
10 ~ an interesting fact that almost
Immediately after the complaint was
filed II was taken from the clerks Of
fee by an attorney who gave his re-
ceipt for the papcrs. These papsr
were kept out Of the office for SO long
that II was a full week before a certi-
fed copy could be obtained.
The Eagle tomorrow will thus de-
tail the case.
t.. G. Abbott. district attorney. I'm mia
answer In the matter Of Max Frost.
substituted plaintiff against the board
81 county cOmm ~isslOners Of this
county according 10 the court records
In the case. made use OF The following
language:
That It has been discovered that
the Indebtedness specified was fully
paid n discharged upon the nth day
Of May, 1896. BY "a settlement between
the board Of county commissioners
Of Santa Fe county ana the Santa Fe
WatcE and Light company. as Is evil
denced by Exhibit "a" herewith at
tached. the same being n copy Of the
proceeding had and held by the board
OF county commissioner Of the county
Of Santa Fe on the 11th day Of May,
1896"
In view of this fact. that the Rtten-
ton Of all the parties concerned I'm the
case, was called to the settlement Of
the case, the following complaint, rc-
Gently filed. Is Interesting:
In the district court. In and for tho
county Of Santa Pc. in the territory Of
New Mexico. The board Of county
commissioner OF the county of Santa
Fc, plaintin, w. Max Frost. defend.
ant Complaint.
The said plaintiff, the board Of
county commissioner Of the county
OF Santa Fe. In the territory of New
Mexico, authorized 10y law to sue for
ana on behalf Of the said county Of
santa Re, complains of the defendant,
q resident Of said county and territory
ana for It's cause of action states.
THAT heretofore, to-wit. on the
day OF February, 1905, In a
certain action numbered 1900 on the
docket of the district court 10 and for
the said county OF Santa Re. In the
territory of New Mexico. wherein the
santa Zee wafer ana Light company
had originally been the plaintin. and
thereafter, on the said date hcrcin-
above mentioned, the said Max Frost
was plaintin, by substitution. and the
said board of county commissioner Of
the county Of Santa Re, was defended,
such proceedings were had before AS
sociate Justice John r. Merle. pre-
IN said court, nat a Judgment
was rendered In favor OF Max Frost
against said board Of county commits
%sioncrs, for the sum of S2,0t6. 30. with
interest thereon. and costs.
THAT t%hcreupon. on December
3lst. 1906, the said board Of county
commissioners paid to the said Max
Frost. on said Judgment the sum ~
twelve hundred dollars. which said
Max Frost, defendant herein. then aud
there received, ana now holds.
3-rhnt the said Judgment was the
result of error and mistake of law AMI
occurring in the beginning of said
action. and In the trial thereof before f,
court; that In fact the said county
Ut Santa Fc ana board of county COM
n%issioners thereof. were not Indebted
company nor 10 the said plaintiff
substituted In said cause defendant
herein In the said sum for which said
was recovered. nor I'm any
sum for on ON account Of the
aauscs OF action thcrein sued on. that
The fact that said county aud board
were not so indebted were not knowp
lo the said Max Frost nor to the said
board. nor to the attorneys I'm said
'ause No. 1900. nor to the cour try
Ing said cause. ali of said parties. at
.orucys and court having overlooked
and been unaware OF certain records
md settlements existing both ia Tho
ilrs of said court aud boa the journals
and books of said county board. and
.u the books and accounts OF the said
SANTA Re Water and Light company.
Wherefore plaintim pruys that
Doe said judgment may Dee reviewed;
.hut the mistake of law and fact
herein intervening may he inquired
INTO. udiudgcd and declared. that tho
said Judgment MAY be- set aside. au-
lullod and held for uaurht. and the
enforcement or execution thereof or
payment or receiving moneys thereon
may Doe pcrputunlly Cujolncd and rec
strained, tina defendant herein may
1diudgcd 90 pay over tu the treas
lrN Oft said sounty the said sum of
v,lNv hundred dollars-so by him re-
.rlNcd thereon as aforesaid. with i'm
crest. and hat plnintin may have
.tUh other and further relief as tho
nature of The ease requires and 90 the
ourt mas seem meet
r. a. GORTNER.
District Attorney Tor Plaintiff. 8