El Nuevo mexicano., 1918-01-24

cree required appellee to pay appel
liant a stated sum Of money as ALI
mony. The court found that all the
property owned by either of said par
ties was community property, and d.
rected that the same be divided equal
ly. From the judgment and decree
appellant, Lille q. Klasner, appealed
and has assigned 16 grounds of alleg-
ed error.
Judgment of the court below affirm
ed.
syllabus BY the Court
/. Assignment Of error, not dis
cussed in appellants brief, will not be
considered and passed upon by the
supreme court; when such assign
ments are not argued they are DEEM
ed to have been waived.
2. IAN allegation in a complaint for
divorce, that the plaintiff is now and
has been for one year prior to filing
his complaint a resident of Curry
county, state of New Mexico is suf-
~ficient, as the allegation that he was
such a. resident for the period stated
necessarily implied residence in
good faith
3. An allegation is a complaint for
divorce that plaintiff is and has been
for n "a next preceding the fill
ing of this amended complaint a resi-
dent, ETC., of the state is sufficient.
The amended complaint supersedes
and supplants the original complaint,
and such an allegation does not con-
trovene the spirit of the statute which
requires the plaintiff to allege and
prove that he has been an actual resi-
dent Of the state, for one year next
preceding the filing Of his complaint.
A.. The allowance of trial amend
ments are within the discretion of the
trial court, and where such discre-
ton is not abused, the refusal to al
low such an amendment will not war
rant a reversal of the judgment Of the
lower court.
s.. Where the trial court finds all
the facts within the issues, presented
by the p~leadings, 1t cannot be requir-
ed to find facts not so presented.
g.. Section 2773, Code 1915, makes
the conviction for a felony and i'm
therefor, in the peniten-
tiary subsequent to marriage, cause
for divorce. Where a wife has been
convicted of a felony, and presents to
the warden of the penitentiary a com
mitment issued by competent author
ity under such conviction, and such
commitment is received by the war
den and the, convict is directed to the
office of the governor of the state and
she does so, and such governor issues
to her a conditional pardon, such wife
was Imprisoned in the penitentiary,"
as she was, from the time she deliev-
I'd the commitment until she received
the pardon from the governor, in the
custody of the warden, under such
commitment and was Imprisoned"
Imprisonment is the deprivation Of
the liberty of another without his
consent.
Opinion by Justice Roberts, Chief
Hanna and Justice Parker
,oncurring.
Seduction Case
State of New Mexico, appellee, vs..
Juan Lujan, appellant San Miguel
No. 2069.
Appellant was indicted, tried and
convicted in the district court Of San
Miguel county of the crime OF the Sc
iuction of M Josefita Martinez. He
vas duly sentenced to serve a term
n the state penitentiary, and from
hat judgment this appeal is %prosecut-
ID.
Judgment reversed with instruc-
ions to grant new trial.
Syllabus BY the Court
Under a statute making a promise
II marriage an essential element OF
seduction, a promise of marriage con-
litioned upon pregnancy resulting
rom the intercourse will not amount
o seduction.
Opinion by Justice Roberts, Chief
Hanna and Justice Parker
;oncurring.
Judgment Collection Case
L. B. Craig, appellant, vs.. ]. Fl.
Ienning, ct al, appellees, Chaves
No. 2072.
This is an appeal from the district