Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-05-02
COL. ALBRIGHT
WINS CASE OVER \
HIS DAUGHTER
Supreme Court Affirms judy
ment Of Judge Reynolds in
important Suit Involving IT.
tie to Community Property,
Isrse,.t O,.,.rer 70 .o.s,sa ,eussa,i

Roberts, and affirms the Judgment Of
the lower court.
The suit WAS brought for the par
tition Of the separate estate Of the
mother, Mrs. }. G. Albright The
judgment of the lower court was in
favor of the father, the appellee, the
court holding that the property in
question was community property
Two other opinions by Chief Justice
Roberts affirming judgments OF the
district court OF Bernalillo county
were also handed down. one is insthe
case Of the state, appellee, VS.. Jose
Antonio Pine, appellant. involving the
alleged larceny of two head of neat
cattle, the property Of Ricardo Ortega,
and sentence to the penitentiary,
The other case was that of G. S. Culp
ct al, appelees VS.. Jesus NJ. Sandoval.
appellant, being a suit on breach Of
contract for the sale of sheep.
Other Decisions.
Four other decisions We're handed
down in cases from the lower Pecos
valley, and another in Grant county
case. These cases are State, appellee,
VS.. Roscoe T. Graves, from Chayes,
county. the court below being reversed
| on a motion for rehearing; Lena
Singer, etc. ct al, appellee, vs.. w. f.
Swartz appellant, from Curry county.
affirmed. Lena Singer. q minor,
brought the action by her father as
next friend, against w r. Swartz to
recover compensation for injuries al
legged to have been received by her
while operating power-driven steam
mangle in the laundry of appellant
The opinion is by Justice Parker.
In the ease of Hiram NJ. Dow, APP
pellee, vs.. w. J. Irwin, appellant, from
Chaves county. in an opinion by Chief
Justice Roberts, the court adheres to
former opinion, reversing and re-
handing the case on the ground that
in civil cases II is well recognized
rule that questions not advanced on
the original hearing viii not be con
sidercd on the petition for rehear-
ing"
In the case Of John Ellis ct al, etc,
appellants. VS.. Lula Stone, appellee,
from Roosevelt county, in an opinion
by Justice Hanna the court below is
affirmed
In the case of Andrew Morstad, ap-
pelee VS. A. r. & S. r. Railway COM
pany. appellant, from Grant county
the lower court is reversed In an
opinion by Justice Parker, This Is a
personal injury case. The appellee re-
covered judgment against appellant
for the sum of $3.50, with costs
The essence OF the case consisted OF
the alleged negligence of appellant N
employing an incompetent fellow-ser-
want and In assigning that servant TO
engage in work with appellee, this be-
ing alleged to have been the proximate
cause Of the injury.
syllabus In Albright Case.
The syllabus by the court IN the AL !
bright case is as follows;
a. In suit instituted by daugh- |
ter against her father for the parti- !
tion of the real estate owned by her /
mother at the time Of her death she I
having died intestate. the uncorrob- !
Grated evidence Of the father is suf-
ficient TO sustain a finding by the trial I
court that the real estate standing IN |
the name of the wife at the time Off
her death was community property |
section 2175. Code 1915, has no appli-
cation to suit between heirs where
the partition Of the real estate Of I
their ancestor.
~. Section .0s7. compiled laws OF /
1884, and section 1909, compiled laws
Of 1897. which define the sepatat@ !
property of the wife and farther pro- |
pided that and any woman may, dur
ing Overture, receive. take hold use !
and enjoy property Of any and every I
description, and all the avails Of her I
industry. free from any liability Of her .
husband on account OF his debts as 4
fully as If she were unmarried con- Z
strued. Held that the elause quoted
simply excepted the earnings ~ the /
wife from liability for the debts OF the I
husband and did not make the wife \
earnings her own separate property
-. Under sections 4169 and till {
code Of 1915. in every amendatory or
supplemental proceeding filed hy
party il is necessary for him to there
in resfate his entire cause Of action I
defense or reply. and al matters SCI
forth in his original pleading, and nor
to carry 1t forward into his amended
or supplemental pleading are abaa-
,iorad and a Judgment for the defend
ant dismissing cause on the merits
Is res adiudicata only as 10 snch mat
ters as are carried forward w PLAIN
tiff into his amended or supplemental
complaint.
- Without judgment the plea q
res adjudieata has not foundation'
and neither the verdict Of a iufy nor
the findings OF d court or referee even
though in a prior action upon me pre-
else point involved in a subsequent ac-
zion and between the same parties
constitutes a bar.
*. Although admissions contained
Ia a pleading Of party IN former ae-
ton are admissible, the pleading does
not conclusfvely establish the faets
alleged therein. and IS open 70 sx-
PLANTATION Of Febuttai"
uugTCONB SPRINGS ftTr shit