El Nuevo mexicano., 1917-01-04

vi
pellees, vs.. Eugenio Romero, appel
liant. No. 1913. San Miguel county,
On motion for rehearing, denied.
Syllabus BY the Court
1. The provision OF Section I,
Chapter rs, Laws 1916, which reads as
follows, such sale Of said certificate
or duplicate certificates, or such re
demption by the owner, shall release
said property from the lien of all de.
linquent taxes, penalties, interest and
costs standing against the same at the
date Of such sale or redemption
operates to release the property from
the lien OF all such taxes, penalties,
interests and costs upon the sale OF
the certificate.
Opinion by Justice Hanna, Cher
Justice Roberts and Justice Parker
concurring.
Original opinion handed down Sep
TENDER 20. 1915.
LOTUS Va. johnson r-f tY
T. L. LOTUS, ct al, plaintiffs in err
ror, VS.. J. Allen johnson, defendant
In error. No. 1924, San Juan county.
This is a suit brought by the de-
PENDANT in error J. Allen johnson,
against the town of Pennington, and
Messrs. LOTUS, Hall and Tucker
plaintiffs in error, seeking damages
for the alleged negligent performance
of a contract for the construction OF a
water works system to supply the
town Of Pennington.
AT this time the cause is not before
us on its merits, but upon the motion
of defendant In error to dismiss the
appeal on various grounds. &
Motion to dismiss denied.
Syllabus BY the Court
/. In all actions tried without a
jury the testimony taken before a
court or that taken by a referee, the
transcribed notes of the st~enographer
In such cases, properly certified by
the court or referee, and all motions.
orders or decisions made or entered in
the progress Of the trial of any such
shall become and be a part
Of the record for the purpose of hav-
ing the cause reviewed by the SUI
preme court upon appeal or writ of
error, without any bill Of exceptions.
2. Sec. 81 G. 81, 8. O.. 1907, (Sec.
1900, Code 1879 provides a method
by which less than the entire record
may be incorporated into the tran
script, but under this section, all that
of the record essential to a
in the supreme court of the
questions presented, must be incor-
into the transcript Of the
'ecord.
8. Upon a doubtful or deficient rec
,rd every presumption is indulgedl in
avor Of the correctness and regular
ty Of the decision of the court below.
A.. The duty of having a transcript
properly prepared and filed rests
lpon the appellant or plaintiff in er-
or.
5. Section 1902, Code 1915, pro-
,ides that a suggestion or motion for
c~ertiorari to supply a ~odiminution OF
he record shall be made on the first
lay of the term to which the appeal
r writ of error is returnable and shall
accompanied by an affidavit set
ing forth reasons, satisfactory to the
curt, for the omission of the same
rom the transcript.
Opinion by Justice Hanna, Chief
ustice Roberts and Justice Parker
oncurring.
Knight VS.. Fairless
Eli Knight, appellant, VS.. Irby L.
ct all. appellees. No. 1912,
)tero county.
On motion to dismiss, motion de-
led.
Syllabus BY the Court
Where there has been a bona ffde
to comply with the provisions
I Section 6, Chapter II, Laws 1915, in
egard to abstracts of record, an APP
cal will not be dismissed, although
he parts of the record referred to in
he assignments of error, are imper-
sctly presented in the abstract.
Opinion by Justice Parker, Chief
Roberts and Justice Hanna
,%ncurring.