Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-30
PEOPLE WONDER
HOW MAX FORGOT
THAT $1,000
RECORDS SHOW PLAINLY
THE AMOUNT WAS PAID
Santa Fe County Would Have
Been Nicely Soaked for About
$1,000 for Benefit of the
Almanac,
,soeeial correspondence Morning journal. ]

Especial correspondence Morn,nG journal.
santa Fe. y. M, July 29.-Some O
The ~tlxpayers of Santa Fe county VIII,
are beginning to grow weary of turn
inc over all their spare cash 10 tn
tav patherer. have been studying tn
stateutents made in the complaint flee
in md case Of the board of county
Commissioners of Santa Fe county
against Man Frost Tor the recover!
~ $1,000 and the setting aside 81
= Judgment amounting, with Interest
to more than $4,000. Among othef
tbings. the following is set forth IN
y the complaint:
THAT the said Judgment was tire
result Of error and mistake of law and
fact occurring in the bringing of said
action. and in the trial thereof before
said court: that In fact the said county
Of santa Fe and said board of county
commissioners thereof, were not In
debted To the said Santa Fe Water and
Light company nor to the said plain-
tiff substituted in said sum for which
said Judgment was recovered, nor in
any other sum-, for or on account OF
the causes of action therein sued on;
thar the fact that said county and
hoard were not so indebted were not
known to the said Max Frost nor to
the said Max Frost nor to the said
hoard. nor TO the attorneys in said
cause No. 1890, nor to the court try
ing said cause, all of said parties, at
t0rnevs and court having overlooked
and been Of certain records
and settlements eXlsting both in the
files of said court and in the journals
and books Of said county board. and N
The accounts and books of the said
Santa Re Water and Light COMPANY"
one would gather from reading the
above that. facts in the case had es-
capped the. Judge. the attorneys and the
defendYd in this case but the court
fecordFd not appear to bear out this
theory to n very alarming extent.
Mr.. +. C.. Abbott, who was district at
tornev at the time this ease was tried,
insists that he presented the case %
the court ana that all of the facts
connected Herewith. as set forth in
the answer, were fully understood.
a portion Of the answer was as fol-
lows:
Comes now the board of county
commissioners Of the county of Santa
Fc and for nswer to the complaint
here in says that IL admits the eNccu-
ton of the several certificates of IN
acbtedness sued on rs specified in tn"
complaint, but aversthatall OF said ccr-
t~ificates of Indebtedness and items sued
on were fully paid and satisfied by the
county Of Santa Pc a. shown by the
records of the proceedings Of the
board Of county commissioners. on
page 410. of the journal Book 2, "a
AlHA VI WHICH procedures u AAAAA ~
to this answe and made a part hereof,
and also IS shown upon h tax rolls
of Santa Fe county. The said indebt-
edness being cancelled IN considera-
ton of the payment OF taxes due de-
PENDANT by agreement etwecn the
Santa Fee Water and Light company,
ana defendant board. The said Santa
Fe Water and Light company being
then the owner and holder Of the said
obligations herein sued on"
This answer was filed in October,
1895, and the following February the
record shows this entry. .
This case having come IN to ne
tried on this 9TH day of February, 4
1906, and the court having heard the
evidence of the respective parties ana
the arguments of A.. Il. Renehan. at
torney for tho substituted plaintiff,
and f. c. Abbott. district attorney, !
for the defendant and being fully adj
vised in the premises finds the issues
In favor of the plaintiff.
1T Is therefore considered. ordered \
and adjudsed tliat The substituted I
plaintiff, Max Frost. have and recover
OF and from the defendant the sum d
S2.0l6.90. his damages, with interest
thereon from this date until paid al I
Tue rate OF 6 per cent per aunum. to-
gether with the costs to be taxed, and
mat he have execution thereof.
tSigned) JOHN r. M'FIE,
Judge, Etc"
To make It still more apparent that
the case was fairly wen understood II \
may be interesting 10 note that or De- 4
cember IA. 1903, the court issued the 4
order:
This cause coming on To be heard I
on the motion filed therein by the /
board Of county commissioners Of tie (
county Of Santa Fe by its district at
forney, T.. G.. Abbott. Esq, for an or +
der setting aside the Judgment herto-
lore rendered In said cause OF the I
9th day Of June A.. -. 1903. which (
Judgment was rendered against The 4
said board and In favor of said plain Z
INF, for the sum Of s1.915.66. the
being the amount of damages 4
and interest claimed:
And Ii appearing to the cour that +
lhe said cause of action was based /
unou certificates OF Indebtedness Isl 6
sued by the board Of county commits K
sioners Of the county Of SANTA Fe To- IA
we Water and Light company OF 4
santa Fe. New Mexico. for water and :
lkhl service for the years 1892, 1898, :
ahd 1891. ana 10 having been discOv- H
cred by the district attorney Of said Il
county that the said Indebtedness +
above specified vas fully paid and dis q
shaIged upon the nth day Of MAY h
$50, by q settlement between tho u
s'aia OF county commissioners Of .
sthta Re county and the Santa F. {
water and Light company. as Is evil Z
athfel bv Exhibit a" now on file In 4
ihis cause, but the certificates Of in +
le~bltdness had never been called o. 4
Y inc said board Of county commits \
'i1hets or cancelled by them but were 9
IN the hands OF the said plain
And 81 further a%nDearlng 10 the q
.ouft That the said Indebtedness g. =
.hllf paid. discharged and satisfied. u
~ WIS So fullv paid. discharged and 4
susted prior TO the commencement \
. Llis suit.
i Is therefore consids rel. ordered .
a~ajudged hy the court that the y
aaenent heretofore rendered on the
~ ea. % June 4. ID. 1903. IN favor Z
y me plaintiff az said cause and
litsi the defendants for tnt sum 81
.Fia-ht. amount 81 damages and a
- be-. n the same hereby T.
ana set aside.
s"d) JOHN T. sTFIE."
ri Judge, Etc."
.lese court records would seem 10
hehaie that the case had been pretts
'~ptnughly discussed and that it-
was fairly we'll understood hv
attorneys ia the case. thai Juds
had once set aside a iudcmcn
nueIed in this case for the verv good
nat the indebfedness had been
patd and discharge ard that
evidence u the avmen - ffc
was called Co Tho affru-
y ne by the answs- Of pi.-
Attornev Abbott.
" view 81 these facts SOM. nf th.
OF me Ancient arr wondering a