Digest of the Decisions of the Supreme Court of New Mexico: Volumes 1 to 14, Inclusive : and All New Mexico Decisions in Pacific Reporter, 1 to 106, Inclusive : with Table of Cases and with Rules of the Supreme and District Courts |
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Page 14
... alleged or by his attorney or counsel . RULE III . In every cause originating in the probate court or justices court and brought into this court by appeal or certiorari , either party , after the return is filed by the clerk and the ...
... alleged or by his attorney or counsel . RULE III . In every cause originating in the probate court or justices court and brought into this court by appeal or certiorari , either party , after the return is filed by the clerk and the ...
Page 41
... alleged errors in instructions , whether given by the lower courts of its own motion , or demanded , un- less an exception is saved by mo- tion for new trial . - Rogers v . Rich- ards , VIII - 658 ; 47 Pac . 719 . 94. An order in a ...
... alleged errors in instructions , whether given by the lower courts of its own motion , or demanded , un- less an exception is saved by mo- tion for new trial . - Rogers v . Rich- ards , VIII - 658 ; 47 Pac . 719 . 94. An order in a ...
Page 42
... alleged to have been committed in the trial court to which no exception was taken and brought to the attention of the trial court will not be heard on appeal . -U . S. v . Griego , XI - 392-412 ; 72 Pac . 20 . 111. On appeals an ...
... alleged to have been committed in the trial court to which no exception was taken and brought to the attention of the trial court will not be heard on appeal . -U . S. v . Griego , XI - 392-412 ; 72 Pac . 20 . 111. On appeals an ...
Page 43
... alleged to have been made by the trial court will not be reviewed . - Schofield v . Slaughter , IX - 422 ; 54 Pac . 757 . 114. The appellate court will not review alleged errors where excep- tions were not taken at the time the ruling ...
... alleged to have been made by the trial court will not be reviewed . - Schofield v . Slaughter , IX - 422 ; 54 Pac . 757 . 114. The appellate court will not review alleged errors where excep- tions were not taken at the time the ruling ...
Page 45
... alleged er- roneous judgment was founded- Sloan v . Ter . , VI - 80 ; 27 Pac . 416 . 144. Where a praecipe was filed on which what purported to be a writ of error was issued , omitting the statement in the teste of the return day , the ...
... alleged er- roneous judgment was founded- Sloan v . Ter . , VI - 80 ; 27 Pac . 416 . 144. Where a praecipe was filed on which what purported to be a writ of error was issued , omitting the statement in the teste of the return day , the ...
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Common terms and phrases
9 Pac action admissible adverse possession affidavit Albuquerque alleged amend appeal appellate court appointed Armijo assumpsit attachment attorney Baca Bank bill of exceptions bond cause certiorari charge Chavez claim clerk common law complaint congress constitution contract corporation court of equity creditors criminal debt deceased declaration decree deed defendant demurrer dence Digested discretion District Court election entitled equity erty evidence execution fact fendant filed fraud garnishee grant held indictment issue judge judgment jurisdiction justice land lien lower court mandamus mechanic's lien ment Mexican Mexico mortgage motion murder owner party person plaintiff plaintiff in error plea pleaded possession president Probate Court proceedings prosecution quo warranto railroad record replevin rule statute sufficient suit Supreme Court Territory testimony thereof tion treaty trial court United unless valid verdict void witness writ of error Yarberry
Popular passages
Page 447 - In Congress, July 4, 1776 The Unanimous Declaration of the Thirteen United States of America When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires...
Page 511 - ... and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States...
Page 488 - Those who shall prefer to remain in the said territories, may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have...
Page 497 - And it is declared that neither the pretence that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided ; and, during which, its stipulations are to be as sacredly observed as the most acknowledged obligations under the law of nature or nations.
Page 514 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Page 507 - SEC. 2. And be it further enacted, That the executive power and authority in and ov.er said Territory of Utah shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof...
Page 448 - He has refused for a long time after such dissolutions to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the State remaining, in the meantime, exposed to all the dangers of invasions from without and convulsions within.
Page 456 - To define and punish piracies and felonies committed on the high seas and offenses against the law of nations. 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years. 13. To provide and maintain a navy.
Page 510 - Writs of error, bills of exception and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law, but in no case removed to the supreme court shall trial by jury be allowed in said court.
Page 456 - States. 2. To borrow money on the credit of the United States. 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes. 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States.