Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-08-16
SUPREME COURT
OPINIONS
Five More Were Handed
Down at The Session
This Forenoon
ESTABLISHING 4 NEW RECORD
Case of Territory VS.. New Mexi-
CO Eastern Argued and
Submitted.

Five more opinions were udHu6u
down by the territorial supreme court
today and it is understood that five
more are prepared and will be an
nounced shortly, making altogether
27 opinions thus far for the term,
with two more weeks for the court to
sit. This is establishing a new record
for hard work and speedy disposal OF
business before it. This forenoon the
case of the Territory of New Mexico,
appellant, VS.. The Eastern Railway OF
New Mexico, involving the abandon
ment of TeXico as the terminal of the
Belen cutoff was argued and submit
ted, and two cases are set this after
noon.
The five opinions handed down this
forenoon were as follows:
In the case of Aaron Gray, appellee,
VS.. New Mexico Pumice Stone Co., ct
al, No. 1916, from Valencia county,
the judgment Of the lower court is af-
frmed in an opinion written by AssO-
CldlS j u0LlCG II CtlIh w al hC1s L 4AC
case is an action to foreclose a me-
chanic's lien upon Section 10, Town
ship II North, Range II West, in Va
lencia county. The decree of fore
lien of appellee prior to the mortgage
of defendants, of whom M. W. Flour
noy, the only appellant, was one. Ap-
pellant, with some of his co-defend-
complaint on the ground that it did
not state facts sufficient to constitute
q cause of action, which demurrer
was overruled.
VS.. Levi Taber, appellee, No. 1868,
from Union county, the Judgment is
affirmed on remittitur of $144.26 Ap.
pellee, the plaintiff below, sued to re-
cover balance due on contract to
cut and stack hay, claiming to have
cut and stacked 372 tons at an agreed
price of 81 per ton. He admitted pay
ments to the amount of $39795. De-
fendant denied that more than 2S2.69
tons were cut and stacked. lie fur
ther claimed a payment of $-l.30 up.
on an order. The costs of the appeal
are equally divided The syllabus
says:
1. The court is under no obliga.
ton in a civil case to instruct the
jury unless requested so to do; and
hence the fact that an instruction is
insufficient is not available error I'm.
less a sufficient instruction was re,
quested.
2. In the absence of any specific
agreement for the measurement OF
hay in stacks, the rule of measure
ment laid down in Chapter "a of the
Session Laws of 1901, entitled, "Ar
act to establish legal method Of
measuring hay" will control.
8. Under the general assignment
of error that the verdict of the jury
and the judgment thereon are con
trary to the evidence in the case, the
only question that can be considered
by the court is whether there is any
substantial evidence to support the
verdict-Candelaria V. Miera, Is N
M. 800.
Associate Justice E. R. Wrigh
wrote the opinion.
In case No. 1908, Chicago, RocE
Island and Ell Paso Railway Compan!
appellant, VS.. Jacob Wertheim, ap
pellee, from Quay county, is affirm
ed The appellee Wertheim sued the
railroad company for $4O0 damages
for hay and grass burned from beins
set on fire from sparks of an engine
Wertheim was given $100 damage
and the company appealed. Th'
opinion is by Chief Justice w. H
Pope and the syllabus is as follows
1. Denial upon information and be
lief of matters necessarily within tn
knowledge of the pleader is not pei
missib1e.
2. In suit against railroad com
pany a denial by such company upol
information and belief that it wa
operating a railroad at the time an
place alleged being a matter nece;
sarily within defendants knowledge
raises no such issue upon the plead
ings as will admit testimony that
was not operating such railroad owe
an objection that such testimony wa
not admissible under the pleadings.
In case No. 1901, Emmett Writ, E,
genio Gomez and Felix Garcia, CT
partnership doing business under tn
firm name and style of Writ, Come
C Company, appellants, VS.. George v
Kutz & Company, apellees, from Ri
Arriba county, the case is afirme
upon filing of a remitittur of $52, i
an opinion by Associate Justice NJ
Mechem. 1t was an action for reple'
in of sheep. The court below awar,
ed damages in double the amount {
the value Of wool taken by the plail
tiffs from the sheep replevined durin