Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-11-01
IMPORTANT CASES
ARE DECIDED BY
SUPREME COURT
Three Decisions of Interest
Are Handed Down Jp0n
Return of Justice R, H.
Hanna From Washington,

SPECIAL coaHHspoHnsHcs 70 nosHisa JOURNAL
santa Fe, oct. 3l,-Three opinions
We're handed down yesterday by the
state supreme court supreme Justice
r. II. Hanna having returned from
the Masonic meeting at Washington,
d. c.. two of the opinions being by
Kim and the third by Chief Justice
Roberts.
The first is in the application of the
city Of Roswell. rclator. for a writ
OF prohibition against District Judge
Granville A. Richardson, ct al re-
pondtnts The relator sought TO pre-
vent Judge Richardson from carry
INK out the terms Of an order grant
ing q jury trial but the supreme court
denied the writ. The opinion is by
Justice Hanna.
The second opinion is by Judge
Hanna IN the case of the State, appel
Ice, VS.. Martin Mcdonald, appellant
from Guadalupe county and atfirms
the Judgment Of the lower court,
which had convicted Mcdonald Of as
sault with deadly weapon.
Tile remaining case was that of
Jacques Michele appellant, VS. The
Board Of County Commissioners and
the County Road Board Of the county
of Chaves, from Chaves county Chief
Justice Roberts in his opinion affirm
ing the court below The suit had
been instituted by appellant 10 pre-
vent the opening Of a new highway
through his lands.
Important Highway Decision.
Appellee, the board of county COM
missioners Of Chaves county New
Mexico, ordered a new highway OPEN
ed through certain lands of the APP
pelant. upon petition of ten or more
freeholders, as provided and author
lied by section 265G, code 1915. This
suit was instituted in the court be-
los to enjoin said board from open
ing said highway A temporary in
junction was granted upon the filing
OF the complaint which was dissolved
upon final hearing, and from this de-
cree this appeal is prosecuted APP
pellant relies upon several grounds
for reversal. The facts viii be stat
cd in connection with the discussion
Of each point made by appellant.
Judgment Of the court below az
firmed
syllabus by the Court
l. A petition for the establishment
valid by reason of the fact that il
contains a description of the proposed
highway where it is only under the
statute required to name the termin
Of The road and the viewers are re-
Quired to lay out the way upon the
most feasible route. Such viewers are
not bound by the description in tbs
petition, and the same may be disre-
Barded as surplusage
2. Where highway is properly
laid out according to the petition
therefor between the termni named
In such petition, the fact that Il is ex'
tended beyond such termin over lands
not owned by the obiecting party does
not .nvalidate the order opening such
highway between the points named u
me original petition
~. Where a party has an adequate
remedy at law equity will not enter
lain Jurisdiction, and. as q remon'
stIator had the right to review the
amount Of damage, by appeal, sucf
question cannot properly be relied
upon in injunction.
4. The report Of the viewers il
properly considered by the board Of
county commissioners, at its regular
lhe clerk of such board.
o. Section 1867, code 1915, con
slrued; held that such section only
requires the payment. or tender Of
tne damages awarded prior to the
actual taking of the property required
M'Donald Case.
IN the Mcdonald case appellant wai
convicted in the district court Of Qua
dalupe county of assault with a dead
N weapon on one ]. w. Mayes, who
was engaged in erecting a wire fence
on land south of the residence Of ap
reliant, appellant was returning to hi
mouse with a load of brush, and IL
passing near where Mayes was erect
ing the fence, attempted to move som,
ol the wires which were strung alonl
ne ground. Mayes informed hin
mat he should not disturb the wire
winch led to a heated conversation
between the two which finally result
ee va Mcdonald beginning an assault
upon Mayes. Mayes was assisted b.
ms son and were defeating Mcdonald
When he grasped a rifle, which was ly
ing on the ground nearby. The ap
Ptiiant struck Mayes on the head AM
serious wounds We're inflicted. Tn
appellant was arrested and cOuvcte'
OF assault with deadly weapon. from
which conviction he appeals Judg