Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-01-12
DECISIONS HANDED
DOWN BY STATE
SUPREME COURT
Important Cases Are Decided
By New MexIco's Highest
Judicial Tribunal Death
Sentence Affirmed

III HNHld lfi M M Jan. little eu.
h preme court on Saturday handed down
nine opinions, in which n death sem
4 tence Was affirmed and another chap.
Ter added to The now notable Canapan
ivs canayan caTc The sJllabuses Of the
OPINIONS rendered, follow.
Pickering ". Palmer.
q This Is en- action ny d IA Picker.
ing and Laura Pickering his wife,
stating 10 their' complaint that The de-
/ ceascd Scott, sued them Ia the Justice
% the pence court for Precinct No.
3 San Juan county, FOR debt ia the
sum Of 500, that summons on the
luctlon was served on them en- Che ! 9Th
day Of November, commanding them
TO appear on The Gath day Of Noyom-
Der That ON the 28rd Of November,
Scott wrongfully ana unlawfuB tn
duced the justice Of the peace 10 hear
the evidence ~ the case aud render
Judgment FOR the above sum and
costs That on tie 25th Of July, 1911
execution was issued. based on the
said judgment Appcllees demurred on
the ground TINT the complaint failed
10 state q cause OF action The de-
murror being sustained. plaintiffs res
fused To further plead and judgment
was rendered, dismissng the action.
4 Reversed
syllabus by the Court
], a Judgment rendered by q iua-
tee of the pence before the return
Iday Of the summons, IS void, as be-
Ling without Jurisdiction
4 q person against whom "a jus
ltice of the peace has rendered "a iudg-
ment void for want Of Jurisdiction
lla not bound to appeal or remove the
same by writ 81 certiorari, even though
he nave actual notice Of rho existence
Of the judgment.
3. In this state where a justice Of
the peace has no power 70 set aside
his judgments or grant q new trial,
ana where upon appeal or Certlorari
to the district court, the cause is trl-
able dc novo only. one against whom
a void Judgment has been rendered
BY Justice Of tho peace, is not. though
with actual notice thereof guilty Of
laehes and negligence sufficient 10 bar
bis right to an equitable remedy
AGAINST such judgment, because he
fuils 60 appeal or sue out a writ Of
'eeruorari
A. An action for damages for tres
pass under a void judgment and exc
eution issued hereunder Is not such
"a plain, speedy aud adequate remedy
AT law. as win bar an action to enloin
the enforcement of the judgment
f,otestine ". Rogers.
The appellee was arrested ana held
ia custody by appellant who WAS the
marshal 81 the village Of Dexter in
chaves county, New Mexico. underand
by virtue OF a warrant issued boy JUS
tlee Of The peace, fled with him
against appellee. charging him with
a violation of an ordinance Applca-
ton was made TO the judge Of the Firth I
judicial district for writ OF hubeas
corpus by appellee, and upon the
hearing, he was discharged from the
oustcdy oe the marshal From The orr
der madu the town marshal proseeate5 /
this appeal, which appellee has moved (
40 dismiss upon the ground that 30 I
appeal can be- taken from an order +
or dischafging petitioner.
Motion to dismiss granted. Cause T
dismissed
syllabus.
An order In habcas corpus proceed +
inga discharginH petitioner is not app I
peglahlc. in the absence of a statute I
granting such right
Caravan Is, Cnnavan.
The writ OF error herein WAS sued +
out on the 18th day OF March, 1918. 4
CA tho 18th day Of April 1918, the {
attorneys for the defendant Ia error
ieioed Tho attorneys for plaintiff IN 4
'frOr m q stipulation which was flied
Ia this court The terms OF the stipu- +
lation are not material to Il decision /
lf the questions before the court The I
tact thHt &c was entered into and died,
however. is Important because there p
ly the defendant entered general Il
appearance IN the cause. I'm this court
Such stipulation not being limited Ia
hia reeard. ON July 10, 1918. defend .
ANT in error moved to dismiss the
,ause because of the failure of plain I,
iff in errer 10 flc cost bond. as re- Fl
iuired bv Section "A. chapter 81 S. f.
laof. within tho time specified. ON
December 20. 1919 plaintiff in error
iled am application for leave 60 Gle n I,
cost bond which was rendered with
.ueh applications
Motion 90 dismiss denied Leave
granted to Tile cost bond.
syllabus ny the Court.
j Under Section 4, chapter 81, \
5 T.. 1905 "a cost bond is required,
IN appeal nr writ of error only for the
protection 81 the Appellee or defend
lut in error and is not essential in
order Co confer jurisdiction upon this
,ourt,
g. Where cost bond Is required
lv statute. on appeal or writ Of error /
inly FOR the protection Of the adverse ,
parity failure 20 give the samc may
be- waived.
A general appearance without e
objection to The fnlure o. tile cost /,
lond operates as WaNer
Suite ~. Roberts.
This is an Indictment fer larceny /
# noat cutie. the appellants were I
convicted and sentenced 20 term of 4
iot less than three nor more than f
'our Years. Defendants appeal
Iudsment Of the coart below at /,
imed. II
syllabus ~ the Court. F
I Whore, in "a prosecution insti-
uted for violation of section ~, II
!. L. lSa7. the Indictment charges I,
hat the defendants 'then aud there
and feloniously did take, A
steal and knowingly drive away. etc.