El Nuevo mexicano., 1916-06-29

"h~tRf ~ RAAtAAN1ka
to render such provision inapplicable.
Opinion by Roberts, @. j.; Hanna
and Parkor j. j., concurring.
Jallor's Salary Case
Qurino Coulter, appellant, No. 1894, vs..
Board Of County Commissioners,
BernaIillo county, appellee, Berna-
lilo county:
The board of county commissioners
fixed the salary Of the appellant as
tailor at $50 per month. Appellant ap.
pealed to the district court claiming
that there was $962.50 still due him.
Judgment was rendered for this
amount in the district court, but there,
after the trial court set aside and va
Gated said Judgment and thereafter
entered judgment for the said board
and disallowed the claim OF the appel
liant.
Appellant appealed to this court
from that judgment and the case Is
before upon an agreed statement 'of.
facts.
Judgment OF the court below revers-
cd: cause remanded with instructions
TO setl aside the order vacating.
Opinion by ROBBERS, 9. j.; Hanna
and Parker, j. j. ooncurring,
/. The term 'irregnlarity" Is de-
fined to be the want Of adherance
to some prescribed rule or mode OF.
proceeding and it consists either In
emitting to do something which Is
necessary for the due and orderly
conducting Of d suit, or doing it In
an unreasonable time or improper
manner It is a, departure from some
prescribed rule or regulation.
2. In this Jurisdiction we have no
terms of court except for jury trial,
and. as we have no statute extending
the control of a court over it's 1udg-
ment after entry thereof, except in
case Of default for a period of 60
days, and in cases Of irregularly en-
tered judgments for a period of n
year, it necessarily follows that final
Judgment rendered by the district
courts in cases tried without a jury,
become final when rendered, and
then and there pass from the con-
troll of the court, except in the two
instances above mentioned.
Eve RepIevin Case
Jennie Milliken, appellee, No. 1888,
VS.. Juan c. Martinez, ct al, appel
lants, Union county:
This action was originally institute
ed in the court below by Jennie MILF
ken against Juan G. Martinez, and an
other in repleVin TO recover the pos
session OF .1,041 head Of ewes, John
King, by leave of the court first grant
ed, INTERVIEWED, and alleged that he
-. ~ w-.1. 1f 4hn oaid nuypC OF
the time they were levied upon and
gave a forthcoming bond and took
possession. Jury returned a verdict
for plaintiff and against the DEFEND
ants and %intervenor.
Judgment of the court below affirm
ed.
Opinion by Roberts, G. j.; Hanna
and Parker, ]. j, concurring.
1. A bill Of exceptions must be
filed in the ofieesof the clerk Of the
district court, and the fact Of such
filing should be shown by the tran
script Of record on appeal.
2. Where one appeals from a judg-
ment adverse to him in a cause in
which he has interviewed, he cannot
complain of irregularities in the judg-
ment entered against the principal
defendants therein, and must rely
upon errors solely preiudicial to him
self, and cannot take advantage Of
errors prejudicial to others.
3. Under section AZ, code 1915,
where any sheep, bovine cattle or
other animals are received from the
owner, under a written contract for
the herding or caring for the same
for pay or on shares, or if in any
other manner, except by absolute pur-
chase, such animals, together with
the increase and product thereof, at
all times, and until the full compile
ton of such contract according to its
terms, remain the property of such
owners, so letting them out to be
herded or cared for. Hence, under a
''partido" contract, which calls for a
return of a like number and kind OF
animals at the expiration of the con-
tract, the original animals and their
increase remain the property Of the
original owner until the full compile
ton Of the contract, and the person
having such animals in charge has
no power to sell or dispose of the
same until after his title has vested,
by full completion Of the contract, &C
cording to its terms, or by express
consent of the owner Of such anil
mails"
A. Where the evidence introduced
in support of facts is of a conclusive
character and is not ~controyerted by
other evidence, the court in instruct
ing the jury may assume that such
facts + true.
Opinion by Roberts, G. j.; Hanna
and Parker, J.. J., concurring.