Heisch v. J. L. Bell & Co.
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before J. -W. Crumpaoker, Associate Justice. A fair and impartial trial is a constitutional right. Roper y. Territory, 7 N. M. 255. The discretion of a court must always he exercised 'in conformity to law and the usages of courts, and if .not so exercised is susceptible of being reviewed in a ■superior tribunal. Ward v. Broadwell, 1 N. M. 75; United States y.
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Appeal from the district court of Bernalillo county, before J. -W. Crumpaoker, Associate Justice. A fair and impartial trial is a constitutional right. Roper y. Territory, 7 N. M. 255. The discretion of a court must always he exercised 'in conformity to law and the usages of courts, and if .not so exercised is susceptible of being reviewed in a ■superior tribunal. Ward v. Broadwell, 1 N. M. 75; United States y. Lewis, 2 N. M. 459; Sancbes v. Can-delara, 5 N. M. 400; Money’s Digest, p. 39, sec.. 202; Cathcart v. Rogers, 87 N. W. 738. It is in the discretion of a court to re-opén a case-for the…
1Opinion of the Court
OPINION OP THE COURT.
McFIE,J.
1
2 The first issue for this court to determine is that relating to the validity of the bill of sale. Appellants contend that what purports to be a bill of sale, was intended to be a mortgage. Upon this issue the plaintiff testified that the bill of sale was given as an absolute purchase; that he took immediate possession of the property by placing one Pinckney, as his agent, in charge of it, and although the property remained in the same room as before, he saw Cooper deliver the key to Pinckney, and that he arranged' with the agent of the owner of the room to pay…
2Cases cited14 opinions
- Crawford v. NealSupreme Court of the United States · 1892
- Hauselt v. HarrisonSupreme Court of the United States · 1882
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Stewart v. . BrownNew York Court of Appeals · 1867
- Skinner v. ShannonMichigan Supreme Court · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bank of New Mexico v. RiceNew Mexico Supreme Court · 1967
- Hodgkins v. ChristopherNew Mexico Supreme Court · 1954
- Gonzales v. Sharp & Fellows Contracting Co.New Mexico Supreme Court · 1944
- Harper v. HarperNew Mexico Supreme Court · 1950
- Newbold v. FloranceNew Mexico Supreme Court · 1952
5 more not listed; retrieve them via the Exa API.