Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-01-13
FIVE OPINIONS
HANDED DOWN
Four Affirm and
One Reserves
Lower Courts
BUSY SESSION TO-DAY
Mechanics Lien not Prior
Judgment to Mortgage
Trust.

The Territorial Supreme court con
tinued in session today, reconvening
this morning at 10 o'clock. There We're
|present
Chief Justice William ]. Mills. AS
soclate Justice John r. McFIe AS
soclate Justice Frank w. Parker. AS.
sociate Justice William II. Pope, AS
socIate Justice Edward A. Mann,
j, d. Sena, clerk of the court was al
his post. Attorney General J. NJ. Her
vey appeared on behalf Of the Terri
tory of New Mexico. Deputy T. $.
Marshal Harry r. Bogh represented
Z. S. Marshal c. NJ. Foraker.
Five opinions were handed down to.
day by the supreme court four affirm.
| ing and one reversing the decisions OF
the trial courts. Probably The most i'm
lportant Of these was the case Of the
Stern Rogers Manufacturing Company.
ct al, appcllees, versus the Aztec Gold
Mining and Milling Company, ct al, ap
Ipellants, which came up on appeal from
| the district court Of Colfax county. In
II the opinion which was written by AS
sociate Justice Mann reversing the de.
cision of the lower court it Is held that
a mechanics lien Is not prior judg.
ment to mortgage trust. The appel.
lees brought suit to recover on a me.
chanlcs' lien.
Another important case in which all
iopinion was prepared by Associate
Justice McFie affirming the decision of
the district court of Bernalillo county
was the suit of Jesus Ma Sandoval.
appellee, versus George F. Albright.
This suit was brought by Sandoval tc
recover from Albright the sum of &c.
1874 16 alleged to be the amount due
The appellee as fees and emoluments
lof the office Of assessor of Bernalilo
county and which Office It was al
legged Albright had usurped between
the period of March 27, 1903 and No.
vember 10, 1904.
Judgment of custer was obtained
aganst the appellant but 1t Is alleged
he refused to pay over to the appellee
the amount claimed, and trial by Jury
by direction of the trial court returned
a verdict for the appellee of $5,360.53
Albright took an appeal from this de-
cision 10 the supreme court, and the
opinion just rendered affirms this
judgment.
The three other cases in which opin
ions were handed down we're also civil
causes, two of them involving a sum
of money alleged to be due and the
others being relative to the settlement
of an estate. They were:
George Richardson, ct al, partners
as Richardson and company, plaintiffs
in error, versus R. H. Pierce, former
ly engaged In business as R. H. Pierce
and company, defendant in error ap
peal from district court Of Otero coun
ty. The opinion was rendered by Chief
Justice Mills.
| r. Fl. Pierce and company, plaintlff
in error versus George Richardson and
u. c. Craven partners as Richardson
and company, defendants In error.
IOpinion by Chief Justice Mills.
| Willie e. Cannon plaintiff In error,
versus Louis W. Gales, defendant
Ierror, appeal from district court Of
Sierra county. Opinion by Associate
Justice Mann.
The case of School District No. Is
of the county of Taos, plaintiff in error
versus Daniel Sisneros, superintendent
OF schools of Taos county, defendant in
error which was appealed from the
district court of Taos county, was ord.
cred dismissed today at the PLAINTIFF $
costs.
The case of the Puritan Manufactur.
ing company, appellee, versus B. Toti
and l.. Gradi, appealed from the dis
trict court of Bernalillo county, was
argued and submitted at the forenoon
session today. Attorney Felix H. Lest.
er of Albuquerque. appeared as coun.
sci for the appellee and Attorney T. N.
Wilkerson Of Albuquerque, represented
the appellants.
Associate Justice Abbott was absent