Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-01-12
ALBUQUERQUE MORNING JOURNAL. MONDAY JANUARY Il. 1al4

UhVllV0 JUUhNAL, MONDAf,
be set inside % appeal when Il IS sup
ported hy substantial evidence.
3. Upon r0ss-examinadon th,
state has The right to expose 90 ih,
July thc relations eximine between th'
Witnesses tcstlfylng and the defendant
and the fact that the witnesses hav,
been frequently used by the defendan
TO establish an alib was proper {.
go TO The jury for the purpose o.
weakening tho evidence given By thl
witnesses GA their direct examination
d. Evidence that a witness for TIA,
state expects to receive reward
upon conviction Of the accused car
properly DC elected upon cross-exami.
nation Of such Witnesses for the pur.
pose Of showing his interest IA tn,
result % the prosecution.
3. sucn witness, however. canno
be Intercepted as to u reward offered
for the arrest and conviction Of pnr-
ties Other than the defendants, or in
which ne waness had no prospective
Interest.
6. Where, on Observation-Disclosures q
Witness ~ asked a question the answer
10 which calls for an explanation, the
adverse party has the right, on redi-
rect examination to ask the witness
TO explain the same.
Chllders W.. Lahann.
Submitted 70 the court upon the
notion Of appellee 10 dismiss for the
failure Of appellant 10 issue and serve
citatlon as provided BY statute and the
uotion 81 appellant FOR leave 70 is-
sue and serve citation at this time
Motion TO dismiss denied. Leave
GRANTED 70 issue and serve citation.
syllabus by tie Court.
j. An appearance, In practice. Is
la coming into court as a party TO 81
lsuit, whether as plaintiff or defendant
land is a formal proceeding by which
Ia defendant submits himself to the
Jurisdiction Of the court.
2. The question as to whether n
party has appeared and submitted
himself voluntarily to the Jurisdiction
of the court. should be tried By the
record and not by other evidence.
3. When q party takes an appeal
in open court, he must see that the
record afffpatiyey shows that Il was
taken IN open court, ana whether the
record is silent upon the question the
presumption rs that the appeal Is not
50 taken, and in such case It Is incum-
bent upon appellant to cause citation
TO be issued and served upon appellee.
4, Where good cause is shown for
the future to cause citation to be IS
sued and served upon appellee, at and
within the time. required by statute
the appellant court can extend tho
time for serving the citation ana viii
permit citation 10 10 issued and
served az any time before the end of
the term of the appellate court to
which the appeal was properly re-
turnable
McMillcn vs.. Bank OF Clovis.
on February ], 1909, c. $. McMil-
len executed to appellant promis-
sorry note for the sum of. SS6iO 90. due
ninety days after date TO secure the
payment Of the same he endorsed and
delivered TO appellant as collateral se-
eurity a note for 81 500, secured by
vendors lien on certain property In
the town OF tlerford, Taxs and also
note for $3.50. dated Oc-
tober 1, 1909, made 10 said G. s. Me-
Million by j. w, MeMllem McAIlllen,
falling to pay his note TO the bank
whom due and the vendors lien note
being past due and unpaid, appellant
together with McMillen and mis- wife,
instituted suit Ia Deaf Smith county,
Texas against W. a. Price, the maker
of the note, 90 forccloso lAe vendors
lien May 80, 1910. the TEXAS court
entered Judgment, foreclosing the lien
and directing sale of the property
and ordered that out Of the proceeds
of the SALE there should DC first paid
10 the First National bank OF Clovis,
Inc amount owing by c. S. McMillen,
on the promissory note.
The trial court held that appellant
had acquired title by It's purchase un-
der second execution, and was bound
by said sale, and gave appellee Judg /
ment for the proceeds of the note. /
From such Judgment appellant prose-
culcs this appeal.
Judgment of the court below af- /
firmed
Syllabus by The Court.
T. Under the decisions of the SUI !
prone court OF Texas. failure TO
endorse upon an alias or plurles exc
cutiun the number of previous exe- F
BUTTONS which had been issued on the /