Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-07-09
SIX DECISIONS
HANDED DOWN BY
SUPREME COURT
Important Business Is Dis
posed of by High Tribunal
Prior to Departure of Chief
Justice for Indiana,

SPECIAL DISPATCH TO MORNING JOURNAL
Santa Fe, July Six opinions We're
handed down by the state supreme
court today in the effort 10 dispose
of as many cases as possible before
chief Justice Roberts leaves on va
cation trip next week to his old home
in Indiana.
The case of the National Rubber
supply company. appellee, represent
ed h} II. c. Miller OF Albuquerque vs..
Uleson & EXter, ct al, appellants,
from Bernalillo county, was reversed
i'm an opinion written by chief Justice
Roberts. In this case the interyenor,
Herbert Asselin. as administrator of
the estate of Joseph A Nadeau, APP
pealed i'm an action i'm replevln, adj
Judging title to a quantity of bicycle
tires in the plaintiff. and for the re-
covery of the value thereof. The goods
had been ordered by Nadeau from
the plaintiff, and We're i'm his place Of
business before his death. the admin
fstrator selling them to Oleson q EN-
ter The case reYelVed ON the con-
struction of section 2l15 of the codi-
fication of 1915, which provides that
lin suit by or against the heirs
OF deceased person an opposite or
interested party TO the suit shall not
obtain a verdict judgment or decision
therein on his own evidence in respect
OF any matter occurring before the
death of the deceased person, unless
such evidence is corroboratcd by some
other material evidence.
The court holds that in order to-
satisfy the statute the COrrObOratlng
evidence must be such as would,
standing alone and unsupported by
the evidence of the claimant tend to
prove the essential allegation or issue
raised by the pleadings.'
Another Case Reversed.
Another Bernalillo county case re-
versed was that of Willie Elgin, ad-
ministrator of the 60 partnership of
NJ 3. Atkinson q son, appellee VS..
Gross Kelly x CO., appellants. Judge
E. a. Mann and Reed Holloman APP
peared for the appellant. The suit in
viewed payment of a check for S2 SUI
given by Atkinson 4 Son TO Gross
Kelly q Co, by the state National
bank of Albuquerque, after Nj. h. Al
knsou, a member Of the firm, had
died Personal property valued at
S793.50 seized and sold By Gross Kelly
& Co.. under a chattel mortgage, was
also involved. Judgment was given
Gross Kelly 4 Co. for $3,70l56 with
interest Since the case went to the
supreme court Milton Dow, the ad-
ministratOr of NJ Il. Atkinson, mas
died, and Willie Elgin was appointed
administrator de bonis non. The glst
Of the decision is found i'm paragraph
9 of the syllabus by the court as fol-
lows:
"To the extent that bank check
works an assignment pro tanto of a
fund on deposit the death of the de-
positor will not revoke the authority
of the bank to pay the check which
mas been given for d valuable consld-
Grafton and is therefore coupled with
an interest" The opinion is by JUS
tlce r. II. Hanna.
Suit for Fees.
The appeal Of Wayne II. Alldredges'
plaintiff and appellant VS., Robert G
Alldredge, defendant and appellant
and Charles 4. Wade. ct AL inteVen-
urs and appenees, from ColfaX county
was dismissed. The case involved the
right of the plaintiff to release and
satisfy Judgment entered in the
court below awarding her $1,000 as
fees for her counsel The companion
case Of Mayme T. Alldredge. appellee
VS.. Robert Il. Alldredge appellant
was reversed with directions to thl
lower court to vacatc that portion OF
its Judgment fixing the amount pay
able to plaintiffs attorneys me sun
was brought by appellee TO optall
cancellation of certain warranty deed'
and for the recOnyeyance OF the prop
erty described in the deeds, as wen
as for cancellation Of contract OF
separation between the plaintiff ano
defendant Before the court TOOK any
action reconciliation was ettectet
aud stipulation was entered INTO IoI
the disposition Of the property IN
Nolyed in the case. Both opinions are
by Chief Justice Roberts.
The chief justice also wrote lh'
opinion reversing the district court o.
Guadalupe county in the case of thu
state appellee. VS.. James Griggs, APP
pelant Ira l.. Grimshaw, a5slstan
attorney general. appeared for tn
state and c. {. Davidson for the de
PENDANT Appellant had been convict
ed of the larceny of twenty -FOUR hea'
of neat cattle belonging TO Florenzl'
Spitz. The syllabus saws, EVidche
held insufficient to establish deIeh
dants guilt OF the larceny OF nea
cattle
The Judgment of the district cour
Of Socorro county is affirmed IN az
opinion by Chief Justice Roberts u
the case Of Joseph E. smith mex
friend Of John u Herbert and Feli'
g. Herbert. appellees steen pur
chased the property Of the deceased
John D. Herbert, from the widow
Minnie A. Herbert. and the plaintll
prayed for cancellation of the deed
tor the restitution of real and per
sonal property, for a share of the es
tate to Felix G. Herbert, who wa
born after the viii was executed am
that trustee be appointed.