Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-07-17

and justice not hecn done
J. Objections MOI made I'M the
trial count 20 a question propoundcd
to witness will not be considered
on iappcaL
A ruling IN the admisslhHiiy OF
evidence. to which mo- exception has
been taken will not be- considered ON
appeal
5. u. when evidence is offered IL
is apparently admissible but suhse-
uuentls il Is shown tu hc inadmissi-
bile ON account of reasons not knoNa
or stated az the time n was offered.
counsel should ask to hH0p 10 srIck F
On out and, whore no request is
made To have such evidence with
drawn from the jury. error cam NOT
he prcdieatod upon lis admission
& 80 alleged errors. unless iui
isdietional Will be- considered Oh ap-
peal except those which are set out
Ia the motion for a new TRIAL
Z. Error ia admitting ueampo-
tent evidence .af agency. Is cured hv
the ohicetng sparty's subsequent ad-
mission OF such agency.
s. No assignment of error bnsed
upon an exception To the charge Of
the court to the jury viii bee cunsid-
cred. when the exception taken is
TO the giving of each ana oNeiA one
uf such Instructions for specified
reasons. where the alleged Vice docs
not inhere In all of such Instructions
II Is the duty Of counsel to point out
specifically the instruction excepted
to. and the grounds upon which the
exception is based.
.. In order that proper cVccp-
Of the trial court Co timely submit "a
counsel, copies of the proposed in-
.structiuna. so that they MAY tutDlis
gently intorpose their objections
Thereto. before the Instructions are
given.
Nurrah ". Mercy.
This is suit Tor the possession
OF certain lands as described In Che
complaint being held under adverse
possession. the trial court found The
facts for the appclees and rendered
Judgment M their favor From such
Judgment this appeal is prosecuted.
syllabus b, the Court.
Whore one Is iu quiet and peace
able possession Of land belonging {,
the United States government and
he is oustcd by an intruder he naA
maintain an action for forcihlv entN
and detainer. under the provisions of
Sections 33ib, g. l.. 1897, even though
his possession ana occupancy of the
land may have heen la violation OF
law and without right as the inquiry
In such cnsos is confined To the
question of the actual pOaceahle pos
session If the plaintiff irrespective
of whether rishtful or wrongful, and
the custer OF plaintiff hy defendant
law ~ New Mexico Central.
This Is suit hv Robert Law fof
the sum of 10000 AGAINST the
nilroad company. part Of this
amount being for salary alleged "a
be due. under q contract OF employ
ment which appellant alleged was
made with him on behalf of tn,
COMPANY by Francis J. Torrance ai
vice president of the defendant cor
poratiOn.
The ease was tried hy the court
without the intervention of jury
and after finding the facts seven IN
number. the court entered Judgment
in favor of appellee from which
Judgment this appeal is prosecuted
hy the executriX of the estate of
Robert Law. who died since the rem
dition of the judgment IN the triaI
court
Judgment of the court below. re-
versed. ease remanded with nstruc.
tiOns TO the trial court to enter 1udg.
ment for appellant for the sum OF
$4,000. and to award such other and
further relief in the premises not In