Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-09-09

Opinions Delivered by Justice
Hanna in Mandamus Case
and Also in Suit Arising in
Curry County

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Santa Fe. sept S.--Two opinions
written by Supreme Court Justice X.
u. Hanna, were handed down loday
by the state supreme court. one was
on a writ Of mandamus. sued out by
District Attorney H. X. Scott. against
District Judge Granville A. Richard
son and ]. 7. Mcclure Of Roswell to
compel approval Of an account for
board and lodging, in which the court
holds that each county must pay duly
verified Hills for board and lodging
Of district attorneys away from home
and while on duty.
The second case Is that Of W. r.
Braswell. appellee, vs.. T. II. IIallibur-
ton, APPELLANT. from Curry county. the
Judgment of the district court being
reversed and the case rcmanded. the
amount involved being damages to
the amount Of $50 assessed in justice
court, the plaintiff also securing judy
ment Of removal from the premises.
the action being for forcible entry and
unlawful detainer.
Scott vs.. Richardson.
This is an action In mandamus upon
the relation Of the district attorney
Of the Fifth district to compel the APP
prevail and allowance out OF the court
fund Of the several counties Of the
said district, expense accounts of the
district attorney for board and lodg-
Ing while in attendance upon the du-
ties as such district attorney. while
absent from his usual place of abode.
The accounts were itemized and pre-
sented to the respondents for APP
prevail and such approval was with
held for the reason that. In the opin-
ion of respondents. board and lodging
we're not proper items Of expense un-
der the provisions Of the act relative
to salaries Of district attorneys. chap
ter 81. Laws 1913.
syllabus.
Section /, chapter Ga. Laws. 1913.
construed and held: That the provi-
sions of this section allowing district
attorneys their actual travelling ex-
penses. incurred while in the dis
charge of their duties, authorizes the
allowance to such district attorneys
Of expenses contracted for board and
lodging, where such expense is in
Cured while the official is absent
from his usual place OF abode. such
expenses to be shown by sworn state |
ment of the district attorney. and to |
be paid by the county in behalf of
which such expense is incurred. upon |
order Of the district court
BrasweII vs.. Halliburton.
This is an action for forcibie entry
and unlawful detainer instituted by
appellee before Justice of the peace
In Precinct No. 1. Curry county. AT
the trial had in the Justice court,
plaintiff recovered judgment of re-
moval from the premises, and dam
ages were assessed at $500 The APP
pellant appealed to the district court /
Where trial was had by jury. re-
sulting in favor of the plaintiff. and
assessing damages against defendant.l
appellant in this court. Whereupon
appellant filed motion for Judgment
non obstante veredicto, and IN the
alternative for a new trial, the motion
being overruled. judgment was en-
tered for appellee in accordance to
the verdict from which judgment
this appeal is prosecuted.
Syllabus.
IAN action for forcible entry and
unlawful detainer of real property
must be prosecuted before the justice
u The peace in the precinct where
me property is situated.
z--lf there is no Justice OF the
peace IN the precinct where the prem
ses are situated. able or qualified to
act' this fact must affirmatively APP
pear from the record and should be
Incorporated in the complaint in the
cause IN order that the jurisdiction
VI the Justice of the peace In an adj
"'hing precinct. who may be called
upon 70 act under such circumstances,
may fully appear. I,
t1It.aL