Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-08-01
Supreme Court.

S50S.Z3; from san miguel CouHty, ?1'-
5O0.39.
Supreme Court.
The territorial supreme court met
this forenoon with Chief Justice w. H.
Pope, and all the associate judges on
the bench. An opinion was handed
down by Chief Justice W. H. Pope in
the case of Melville R. Summers, ad-
ministrator, appellee, VS.. The Board
of County Commissioners of Sandoval
county, appellant. The case was re-
versed and remanded with directions
to ascertain the number of folios (both
printed and written matter) in the
fifteen books completed and certified
to previous to Summers death, and
having ascertained these to enter
judgment in favor of appellee there
fore at the rate of 10 cents per folio,
the costs of this court to be equally
divided. The plaintiff had sued for
$12,06S.99 for transcribing the records
of that portion of Bernalillo county
which became Sandoval county. The
lower court had granted this amount,
the board of county commissioners
having offered to pay only $7,919.66.
The syllabus says:
l. Such probate clerk having died
in 1906 with the work only partially
completed, the compensation which
goes to his estate is fixed by Chapter
70 of the Laws of 1899 in connection
with G. l.. Sec. 176S, and not by the
subsequently enacted Chapter % OF
the Laws of 1907, which latter as a
part of the work compensated for i'm
poses additional duties never perform
ed by such probate clerk.
2. The present record affords no
basis of fact upon which to entertain
the suggestion that the probate clerk
failed to certify each book prepared
by him according to Sec. 2 of Chapter
70 of the Laws of 1899, nor for the
contention that the claim as allowed
will lead to violation of the Spring
er Act, in so far as the latter con-
trolls the relation between the indebt-
edness of Sandoval county and the
taxable property of such county.
8. A probate clerk who upon the
formation of new county makes
transcripts of the property records OF
the old county for the use of such
new county pursuant to Chapter 70 OF
the Laws of 1899, and in SO doing
uses printed forms of conveyances
which he must compare and in many
instances correct and interline, is en-
titled to the folio rate upon the print
ed folios as we'll as upon those writ
ten.
4. The administrator of the estate
of such probate clerk cannot recover
on behalf .of such estate for work done
by such administrator in connection
with such transcripts and after the
death of the probate clerk.
This forenoon case No. 1881, Carrie
M. Childers, executrix, etc., appellant
VS.. Frank A. Hubbell, appellee, was
argued and submitted. The case was
appealed by the Childers estate, the
plaintiffs, who allege that Frank
HuDD6ll Was l1uGUl6u " IuS SoIcSIS
for attorneys fees rendered by the
late Mr.. Childers to the extent of S5,
0G0 or thereabouts. The defense SCI
up denial and a counter claim, al
leging that the estate owed Mr.. Hub
bell, and the plaintiffs withdrew the1l
claim. The defense in the origina
suit, however, continued it's claims
in the matter, and was awarded
judgment of $710, upon which th'
plaintiffs of the original suit appealed
the case.
Board of Regents Meet.
This forenoon, at Albuquerque,
meeting of the Board of Regents
the University of New Mexico wa
held to select successor to DR.. I
Mcqueen Gray, president of tn
school, and to decide upon the plan
of a building to replace Hadley Hal
destroyed by fire.