Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-08-26
IMPORTANT CASE IS
DECIDED TO-DAY BY
SUPREME COURT
Decision Of Lower Court is
Sustained in Ruppe.Di Pal.
ma Versus Weinman and
Barnett.

Santa Fc y -. AUG. gG-Tho eu-
prem" court 81 Nsw Mexico rendered
decisions 100 acvcruI cos,s today. the
decision of the court Bon tho case Of
Richard Di Palma aud Bernard
Ruupc versus JACOB WcnmNm and
Joseph rafnct being perhaps Of
most interest a. Albuquerque people.
The court affirmed tn Judgment OF
the lower court upon the nHnr by
the rcmittatur VT the appellee OF
$40 within ton days. otherwise tho
decision win DE reversed
The Huppe versus WtnmIun case.
o. 10 is commonly called is classic
iu the supreme court oi the United
states. pu juno 800. 1909. -. Ruppe
occupied U building owned hN !.
Wcinm1un. on Central avenue In AZ
huguorluc. Bu9pc conducting drug
store. Contractors for Joseph Bar-
nett were cxcavating on tho lot adj
minine preparing for the erection eff
e building. Tho foundations ot the
WciumHnn huildmg were evidently
topping over into Rupees drug
store. Ruppe and Richard hi Palma.
who was interested financially n the
store. nlcd suit against Wcinmann
ana Barnett for 10000. ln trial
before District Judge o. : Baker the
court directed verdict against tho
plaintiffs IN appeal was taken to
the supreme court OF the territory aud
the Judgment ~ the lower court was
reversed. The case was tried again
n IA, lower court and the plaintiffs
wor" awarded Judgment Tor si50o.
The defendants appealed to the su-
prcmc court and the Judgment Of tn"
lower court was reversed The case
was Igam argued iu tho lower court,
resulting iu huns iury lu April
1910, the case MAS again tried. the
plaintiffs receiving verdict for
tt,t3N The defendants appealed to
tho supreme court with the result
that thnt body TODAY affirmed the de-
cisiou of the lower court Tho tight
VIII probably now bo taken tu tho
highest tribunal IN tho country and
viii be- up Co CHIEF Justice White aud
DIS associates.
Ruppe and ri Palma are repro
scented bv Marion and Wood and
Wcinmann ana Barnett by Nen q.
Field and H. \ Mann
The court TO-DAY adjourned Al g
.oclock until Wednesday afternoon at
and an members Of the court will at.
tend the meetings OF the New Mex.
leo Bar association IN Albuquerque
Monday ana Tuesday
The record OF The court Tor the day
follows.
Case no 1896. Valentino Chayes de-
Padilla. sole surviving parent OF IN.
tonic padilln deceased. appellee yer.
sus A y n : r railway company.
appellant Valencia county. argued
and submitted
case 80 llGG. z VI. Reed. versus
Caresa Arnett. 81 al. the mandate OF
the supreme court OF the United
States reversing the Judgment of this
court was received and an order en-.
tered IN conformity Herewith. re.
mpuding The case 20 the district court
for further proceedings
Case 80 1854 ora Butler Nees yer.
sus l. \ Dye BernalillO county The
judgment Of the court below Is re.
ycrscl.
dNf NJ lHHft BfludlN hUNlf VI a.
versus ! Wcinman. ct nj. the mdg.
ment OF the court below is affirmed
upon the filing by the remittatur OF
the appellee OF S170 within ten days.
wise the decision will be- re.
ycrscd
Case No 1892, Joseph Brown DIV.
en- ct al. appellants. versus Jose En-.
riqucz appellee bona Ana county. the
Judgment OF the court below ~ re.
ypised
Case 40. 1881. l., II Howey. ct al
appelleos, versus +. z Goeslef. et AL
appellants Eddy county, the Judgment
OF the court below il affirmed.
Case No 1891 Arizona and Colo.
RADIO Railroad company, versus Den.
Yer and Rio Grando railroad. the iudg
ment OF he cour, mellow Ia aifirmo'
Case No, 1911 Gallup Electric l.ight
company versus Pacific Improvement
company The motion 10 rc.taX costs
was denied
nj Air 0nnF-