Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-08-27
SECOND DAY Of
SUPREME COURT.
Several Cases Ar
gued and Sub
mitted
SESSION PROVING BUSY ONE
Motion to Strike Out Bill of
Particulars In Sena Case
---Other Proceedings.

The Supreme Court of New Mexico
continued in session today, reconven-
ing this morning at 10 o'clock There
were present:
Chief Justice William ]. Mills, Asso.
ciate Justice John r. McF'ie, Associ-
ate Justice Frank w. Parker, Associ.
ate Justice William II. Pope, Associ.
ate Justice Edward A. Mann, and AS
sociate Justice Ira "A. Abbott. Jose
D. Sena, clerk of the court, was at his
post. The United States was repre-
sented by United States Attorney w.
H. H. Llewellyn and Assistant United
States Attorney E. l.. Medler, while
the Territory was represented by AS
sistant Attorney General Robert C.
Gortner Deputy United States Mar
shal John w. Collier was also in at
tendance.
Associate Justice Pope was present
at this afternoons session of the
court. He did not arrive in the city
until noon today. He had expected
to reach here early last evening but
was unavoidably delayed on account
of an engine breakdown on
the Santa Fe Central Railway.
Attorney General Albert B. Fall
is still absent from the city ow-
ing to the illness of his wife but may
be here tonight.
A demurrer filed by the defendant
in the disbarment proceedings insti
tuted against Attorney w. ]. Hittson
had been set for argument this morn
ing but on motion was postponed until
tomorrow.
Motions for rehearing in three cases
in which opinions were handed down
at the January sessions were over
ruled. The case of Jonn Jenkins YER
sus the Maxwell Land Grant Com
pany which was appealed from the
district court of Colfax County was
reinstated by an order of nunc pro
tune. Three more cases were con-
tinued for the term.
Following the arguments yesterday
afternoon in the case of the United
States of America versus Benjamin H.
kTallmadge ct al, motion to strike out
the bill of exceptions was argued and
submitted in the case of the United
States versus Mariana F. Sena.
The following is detailed state
ment of action taken in the cases
which came up for consideration yes
terday afternoon and this morning:
No. 1866, Solomon Luna, plaintiff in
error, versus Cerrillos Coal Railroad
Company, defendant in error, error to
district court of Santa Fe County.
Continued for the term.
No. 1101, Roman L. de Baca, ct al,
plaintiffs, Filomena Perea de Otero, et
al, intervenors, appellants, versus
Santiago Anaya, ct al, appellees
appealed from district court Of
Bernalillo County Submitted on
briefs.
No. 1893, Territory of New Mexico,
appellee versus C. G. Lotspelch, ap-
pellant, appealed from district court
Of Bernalillo County. Continued for
the term.
No. 1900, hilbert F. Price and Louis
E. Lyon, appellants, versus B. Toti
and l.. Gradi, appellants, appealed
from district court of Bernalillo Coun-
ty. Continued for the term.
No. 1901, In Re w. j. Hittson, dis
barment. Demurrer set for argument
this morning and postponed until to-
morrow.
No. 1928, Territory of New Mexico
appellee, versus Rosario Emilio, ap-
pellant, appealed from district court
of Lincoln County Motion for re-
hearing overruled but court retains
Jurisdiction for purpose of fixing date
Of execution.
No. 1877, Frederick E. Hyde, Jr., ap-
pelee, versus James j.. Elmer, appel
liant, appealed from district court OF
San Juan County. Motion for re
hearing overruled.
No. 1888, Marietta P. Weatnerhill
appellee, versus James E. Elmer, appel
liant, appealed from district court ot
San Juan County. Motion for rehear
ing ovemuled.
No. 1914, City of Roswell, appellant
versus Thomas M. Davenport, appel
lee, appealed from district court Of
Chaves County. Motion for ref1ear
ing overruled.
No. 1161, John Jenkins, appellant
versus Maxwell Land Grant Company
appellee. appealed from district court
of Colfax County. Order entered re
instating case as Of January 30.
No. 1911, Territory Of New Mexico