The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-10-15
COURT RULES
HUBBELL ACTED
ILLEGALLY IN
Selling PAPER
MontOya Gets Control Of
La Bandera Through
injunction

Tho temporary Injunction against
Frank a. ffnbbeil restraining him
from interfering In any way with
Nestor AIontoya IN the editing and
publishing OF In Bandera Americana.
was mado permanent in a decision
given BY Judge NJ. +. Hickey IN the
district court this morning. The
court order will be signed today.
The permanent Injunction against
Mr.. Hubboll, who last week attempted
to oust Mr. Monfoy1 from the paper
and assume charge OF Il himself. wns
issued after Two days hearing In tho
district court. Mr.. Montoya, Mr.
Hubbell, and his son James l. Hub
bell. who claimed to be a director of
the corporation. Ia Bandera Ameri-
cana. were Witnesses.
Although there was a direct con-
fllct OF evidence produced by tho
plaintiff aud tho defendants. The court
did not fiad II necessary az this tlrne
70 determine which side was telling
the truth. The defendants have
asked, however. that Judge Hickey
make some findings TO determine tho
truth Of various statements. Both
partlcs In the cast wilt produce d0cu-
mcntnry evidence and the court will
probably make itp Findings tomor-
row.
On tho question OF law. however.
assuming that statements made BY
Mr.. Hubbell were true, the court held
that MIR Hubbeil had no right % take
possession OF the paper or IN any wise
dictate as 10 its policies for no was
not legally qualified director or Of
ficer
james IIubbcII Not Director.
The court also held that Jamcs
Hubbeli was not a qualified director
nt tho time Of the Sept, directors
meeting when Il was alleged that AIR.
Hubbeii and his son had voted to dis
pense with Montoya AZ editor Il
was brought out that James 1ubhoil
poration.
The court held that the corpora
ton had no organization and Ind no
powcr 20 function. NIfce no regtfinr
meetings OF the directors had been
held since the Incorporation In 1901.
MIR. Mop'oyl had always regarded tho
paper ms hts own and In signing re-
ports and other documents as an Of
ficer OF the corporation had done so
without full knowledge OF the law
Mr.. Montoya has put his money and
work In the paper and Il has been
considered his own property.
Has Lapse of Memory
As Frank Hubbell IN testimony yes
I terday was unable 10 remember much
that had taken place 30 James kuh-
hell who followed him on the stand
late yesterday afternoon also had n
! lapse OF memory. He was unable even
I 10 remember tho proceedings OF tho
meeting on September last az which
| he testified that Ncator Montoyn waa
notified that his services were no
longer required.
After stating this II. d. Jamisou.
attorney for Montoya, asked James
| Hubbell " he did not remember any
thing else.
'No sir" replied the witness.
when he notified Mir. Montoya
that his services were not wanted any
longer" asked Attorney Jamiaon
was that during the meeting or after
Il had adjourned?"
The witness said that nc had been
notified during the meeting.
II Then you don't remember any
thing else?" questioned the attorney
again.
'No sir. not at this time"
Mr.. Huhbell testified that he had
acted as secretary az the meeting
but that he had given the record of
proceedings 10 Attorney wooG for
preparation and paid no more atten-
II tion to them.
You were able to tell your attor-
ney OF the transactions OF the meet
ing" said Attorney Jamison but arc
unable 10 remember them now"
MFR. Hubbell again admitted he was
unable TO remember
Attorney Wood upon questioning
the witness asked II he had not told
him all OF the proceedings immed-
lately after the meeting adjourned.
| The witness said he did.
you did not try TO remember al
L OF the proceedings or make notations
did you?" questioned the attorney.
''No SIR
\ Montoya Recalled
I Nes;or Montoya was again called
! to the stand at this point.
Attorney Jamiaon asked AIR. Mon
toyn Il he had heard tho testimony
OF Frank Habbeil In which the latter
had referred to a red hook containing
the records Of elections OF officers
Il and directors. After stating he had
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