Hubbell v. Armijo.
| Decision Date | 27 February 1907 |
| Citation | 14 N.M. 202,89 P. 275 |
| Parties | TERRITORY ex rel. HUBBELLv.ARMIJO. |
| Court | New Mexico Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Bernalillo County; before Justice Ira A. Abbott.
Action by the territory, on the relation of Frank A. Hubbell, against Justo R. Armijo. Judgment for defendant, and plaintiff appeals. Reversed.
Anything done by a judge of a district court in a proceeding in the nature of quo warranto, so far at least as it is treated as a civil cause which will be valid if done in term time, is not invalid because done outside of a regular term of such court.
William B. Childers, A. B. McMillen, E. W. Dobson, and W. C. Reid, Atty. Gen., for appellant.
Neill B. Field, for appellee.
This cause and No. 1,185, Territory ex rel. Thomas S. Hubbell, Appellant, v. Perfecto Armijo, Appellee, 89 Pac. 267, involved substantially the same facts and legal questions, and were heard and decided on one brief from each side, for both causes, and the opinion rendered by the court in No. 1,185, and on file in that cause, is also applicable in this case.
The judgment of the district court is reversed.
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Weaver v. Weaver.
...in the statute, it can hardly be said that there are terms of court, except for purposes connected with jury trials. Territory v. Armijo, 14 N. M. 202, 210, 89 Pac. 267, 275. That condition may, possibly, have the effect of limiting the literal meaning of chapter 26, Laws 1905, fixing a lim......
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Weaver v. Weaver
... ... it can hardly be said that there are terms of court, except ... for purposes connected with jury trials. Territory v ... Armijo, 14 N.M. 202, 210, 89 P. 267, 275. That condition ... may, possibly, have the effect of limiting the literal ... meaning of chapter 26, Laws 1905, ... ...
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Klock v. Mann.
...is contrary to both authority and reason. It is said that it has been doubted in a subsequent case decided in this court (Territory v. Armijo, 14 N. M. 202, 89 Pac. 275), and that the premises upon which it proceeds have been shown to be clearly untenable in a number of federal cases decide......