Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-02-13
JRTANT CASES
IF DECIDED BY
HIGH COURT

y N-1 Nff'
Opinions, Then Motor to
Albuquerque Auto Show
ESPECIAL DISPATCH 70 @oRNiHa JOURNAL
Santa Fe. Feb. 12.-Chief Justice g..
Roberts, ana Justices Frank W.
,rker and Richard H. Hanna mo-
rcd this afternoon 10 the auto show
Albuquerque. ia Judge Elaura's ana
ldgc Parker's automobiles ghe
discs earned this ouiHg after hand
& down four opinions his forenoon.
rec hcinG written hv Chief Justice
perts, VINO last year established @
record for judicial industry ~
lding down fifty-four opinions or
average of more than one a week.
klasner Cgec.
z four are of rather unusual m-
4. The tirst case is that of Stnta
ille Q. Klasner, from Liae)m
s.. Mrs. Klasuer who f. Line
ouaty pioneer ana uho h1s 0cea
ed ip civil ltsaiion TEX years
nds, had been sentenced on the
ot stealing catie bur he su-
court reverscs the 'owe~ ccur.
been convicted upon ,na sct-
mt Of am Indictment ch1rs.ue
tine larceny DC nineteen head
"ot tine goods, chalisls ono
of owners 70 the grand iur-
sown The syllabus says:
count OF an indictment
Hthot defendant ut tho time
named, nineteen head Of
the goods, ehattels and
+ owners rs the grand jury
hen and there being found,
nd there unlawfully, ETC.
ETC., Us not bad for du-
prlma facic discloses that
occurred at the same time
nd constituted but a sim
IN.
upon tho trial Wit
chat certain known par
es e alleged stolen animals,
nd ~ tment charges that The
wners = animals are unknown
+. the graz 5ry. % rs incumbent upon
be state to prove that the names OF
he owners were unknown TO the grand
airy and could not by reasonable dill
once have boon asccrtained"
Albuquerque Bauk Loses out.
The hard fought case Of the Bow
ian Bank 81 Trust Go, appellee, VS..
he First National Bank of Albuquor-
ue, appellant, was decided against
he latter and at the same time The
curt passed upon "a very important
oint affecting the deposit of phnlie
moneys in the hands of fiscal Off
ers
According TO the statement az the
aso by the court. on July H. t3lli
'ncent d. MAY was daily elected,
qualified and acting treasurer of tht
ioard 81 regents of the New Mexico
College of Agriculture q Mechanic
ArJs, and under bond 10 account lot
N moneys coming into his hands az
nch official ON chat day he had in
ls hands. for the permanent funds
q The institution derived from lands
old, heretofore granted the state by
Die Omitted States government for tire
Hse of the institution, tho sum of S2l-
Hsi5G, which he deposited with the
BANK of Commerce OF Albuquerque
receiving from the bank certificate
n deposit.
The appellant bank. the First Na-
fional Bank Of Albuquerque, thereaf.
err took over the business of the Bank
I Commerce and assumed the liability
70 the certificate.
ON Juk B. 1912, Vincent y. MN
Pwportng 20 act as secretary etc.
ndorsed over the certificate 90 Tho
rpellce bank, taking tn change there
Pr q certificate of deposit TO secure
i advancement from The appellee
bank.
After the change of the memner
SNIP of the hoard Of regents and the
.eetion OF Morgan O. Leweilyn az
Eeeretary thereof the First Nationa
! 'ank of Albuquerque received am or
81 from Liewellyn as secretary g
iuse payment ON the certificate %
post except upon an order 9
zsAewellyn.
after answer and demurrer an'
l'ef the issues were framed, judS
'ehi was entered in accordance VIII
q ~ conclusions of law from which
gsment the First National Bank @
'pueuefque and the board of ri
'ae appealed.
iae syllabus of the opinion affirm
tne Judgment of the lower eour
as follows
In an inierpleader suit en-
.9aht due cannot be the subject %
uuoFersy and where such contro
+ = exists il presents am insuper
! objection % rs prosecution
E Where party. holding "a Ger
3 e''e Of deposit issued hy q bans
Is A'llea 70 collect thes same, am
aaes demand Upon the bank for 1t
,N'ht which lis refused, he he
gs entitled, ass q matter of law
interest on the deposit, az the stat
V's rate from the time OF such de
! - ~ such case where suit
against the bank To receive
. amount ~ such certificate am