El Nuevo mexicano., 1916-03-09
Syllabus Of Decisions
Rendered Saturday BY
the Supreme Court

N.UN N4NM .ENA4N @AM "tUNM W
The state supreme courts opinions
handed down late Saturday afternoon
we're as follows
First National Bank Of Albuquer-
Que. Appellant VS.. Roderick Stoyer,
Appellee, No. 1922. From BernalillO
county. on motion for rehearing de-
MED
Syllabus by The Court
Sections 64g, GAO, 653, Code 1916,
applied, and held that the plaintiff
bank, under the circumstances took
the note in question charged with the
burden Of proof that 1t took the same
in due course. Held. further, that
under the proof, that burden had
been successfully met. Held, further,
that where the evidence was all one.
way and the witness stands unim-
peached III any way, His evidence Is
I'd be taken BY this court as true in
determining whether there is any
substantial evidence to support the
verdict.
Opinion BY Parker, j., Roberts, q.
J., and Hanna. Js c%oncurring.
The Consolidated Liquor Company,
Appellant. vs.. Scotello q Nizzi etc,
Defendants Giuseppe BedaraccO, IN
tervenof, Appellees; Mo. 1876. From
Bernalillo county.
This is an appeal from q Judgment
Oh the district court Of Bernalillo
county, awarding 10 ain interviewer a
Judgment establishing his landlords
lien and awarding him 4 certain por-
ton Of a fund in the hands of the
court to satisfy said judgment. The
original action VA begun by the
plaintif, appellant here against the
defendant TO recover a sum OF money
for goods, wares and merchandise sold
and delivered. There was also an at
tachment issued III the case and levied
upon the property OF the defendant.
which was situated in the building Of
the i~ntervenDr After issues and trial,
a motion was made to yacate the
Judgment in favor Of the interviewer
upon several grounds which motion
to vacate the Judgment was overruled
by the court. and this appeal prosecu.
ted. Judgment Of the court below re.
versed, cause remanded with instruc.
lions to dismiss the Intervention
Syllabus BY the Court
/. Sections 1925. 1927, 1928, Code
1916, held not to authorize the in
prevention In IN attachment proceed
ing by a landlord to assert his land
lords lien upon property seized un.
der the attachment writ.
!. Both courts of law and courts
Of equity have the Inherent power to
prevent the abuse Of their process to
the detriment osTtlird parties by
supplying the meanF In the principal
action, Of trying a. title to property
III the custody Of the law. This Is a
rule OF necessity, not a rule OF con-
v~enience. and is available only when
no other adequate remedy exists.
Opinion BY Parker, j. Roberts, G. J.l
Concur; Hanna, u, Dissents.
Santa re Gold & Copper Mining Co,
Petitioner, VS., The "A. n & s. F. Ry. !
Co. Defendant. No! 1898 From Cor.
poration Commission.
This Ii a case removed from the
State Corporation Commission. 1t in
the question Of the power Of
the State Corporation Commission to
award PREPARATION to shippers in cases
they find that the rate charged
has been excessive.
The judgment Of the Corporation
Commission wal a~warding PREPARATION
to the petitioner and ordered defend
ant to pay the same on or before the
LIST day Of May. 1915, From this de.
cision the case was removed to this
court.
Judgment Of the Corporation Com
mission will not be enforced.
Syllabus By the Court
Section Z OF article IL of the con
stitution interpreted, and held not to
authorize the State Corporation Com
to award repatriation for past
EXCESSIVE ana unreasonable charges
Or freight.
( Opinion BY Parker, J.. Roberts, G.
= and Hanna, ., ~concufring.