El Nuevo mexicano., 1916-06-29
EIGHT INTERESTING OPINIONS BY
STATE SUPREME COURT TODAY

The following opinions were handed
down Tuesday by the New Mexico SUI
IRENE court;
Nv. J. Johnson, appellant, No. 1897,
VS., New Mexico Fire Brick Co, ap.
pelle, Bernalillo county:
Appellant failed to file cost bond
within time required by statute, which
fact was taken advantage of by APP
pellee.
Appeal dismissed.
Syllabus by the Court
The requirement that a cost Of SUI
percedeas bond shall be filed in APP
peal cases within a certain time, is not
waived by an appellee where he seeks
10 take advantage of the irregulatrity
at the first opportunity, but only in
those cases where he first performs
some act in this court which is con-
sistent with a recognition of the reg
ularity of the appeal.
Opinion by Hanna, u; Roberts c..
y. and Parker s., %concurring.
Frank Lavan and Reed Holloman Of
The firm Of Catron and Catron, were
counsel for appellee in this case.
Roosevelt County Case
John Ellis and William Shirver, appel
lants, No. 1926, VS.. Lula Stone, ex-
ecutrix. appellee. Roosevelt county:
Appellants sought to charge the es-
tate of James P. Stone under aeletter
# guarantee signed by said Stone as
President, on stationery bearing the
letterhead Of the Citizens National
Bank OF Portales.
/. Nation for "a hoo piuo danfod
Opinion by Hanna, j.; Roberts G.
j. and Parker ]. concurring.
Mechanics Lien Case
r. w. Niekle, plaintiff in error, No.
1906. VS.. Clara II. Coulter, defendant
in error, ColfaK county:
This is an action to foreclose a me-
chanic's lien which is based upon an.
alleged verbal contract for the con-
struction Of a roof upon the barn of
the defendant in error for the alleged
sum OF $57. The defense to the action
is that the contract price was the sum
Of $31, and not the amount put out
in the lien statement. e
Judgment of court below affirmed.
Syllabus
Where the findings Of the trial court
are supported by substantial evidence.
tkey will not be disturbed on appeal.
Opinion by Hanna, j.; Roberts c..
J. and Parker j. concurring.
Murder Case
State Of New Mexico, appellee, No.
1857, VS.. Hristos Emmanuel Orfana-
kiss, etc, appellant, Colfax county
The appellant, jointly indicted with
Elijah Perakis and Ppostolakis Jivo-
kias charged with the murder of one
Sam Tomas, alias Sam Tomas, Perakis
and Jivokias were not apprehended
and the case proceeded to trial with
appellant as sole defendant, who was
convicted of murder in the second de-
gree and sentenced to a term in the
penitentiary of from 35 to 40 years.
Judgment of the court below affirm
cd.
Syllabus
L. Where there is sufficient evil
dence to Justify the conclusion that
different persons charged with a crime
ere all acting with a common purpose
and design, the actions an ddeclara-
tons of each from the commencement
10 the contamination or the offence are.
against the others.
2. An exception to an instruction is
not specific which asserts that the in
structions are contrary to law without
pointing out the grounds of legal OBJ
Jections.
8. A. requested instruction which
is erroneous is properly refused.
A. No error can be predicated on
the refusal of the trial court to give
an instruction where the instruction
given by the court of its W motion
fully and completely covered every
thing contained in the refused i~nstruc.
tion.
5. Where there is evidence of mo-
tive, an instruction as to the effect of
the absence of motive is improper and
should be refused.
G.. Ordinarily the verdict of the
Jury will not be disturbed in the ap
court where it is supported by
any substantial evidence.
Opinion by Hanna, j.; Roberts G.
and Parker j., concurring.
Suit to Quiet Title
George P. Cleveland, administrator,
etc, appellees, No. 1749, VS.. y. >.
Bateman, appellant, Chaves county
This was a suit to reform a deed and
to quiet title to certain lands.
Upon former opinion judgment of
the court below affirmed, and on re-
hearsing the former opinion is ad-
hered to.
Syllabus
In this jurisdiction, a power of sale
contained in a real estate mortgage is
coupled with an interest, hence the
power is not revoked by the death OF
the mortgager, Notwithstanding the
fact that such a mortgage merely gives
the mortgage a lien on the property
Or is a mere security for the debt.
Opinion by Hanna, j.; Roberts e.
and Parker j., concurring.
Albuquerque Damage Case
Alfredo ]. Otero, appellee, NO. 1904,
VS.. City of Albuquerque, appellant,
Bernalillo county:
This is a suit for the purpose OF re-
covering damages against the city OF
Albuquerque, alleged to have been &C.
casioned by the failure of said city to
with the covenants of an orig
NAL lease to surrender the premises,
in as good condition as they now are,
usual ware, etc, excepted"
Judgment by the trial court affirmed.
Syllabus
/. Where a grantee fraudulentIy OBJ
fains possession of a deed placed in
.screw and places the same of record,
he obtains no title to the real estate
described and a convey none.