Hendry v. Cartwright
New Mexico Supreme Court
Error to District Court for Santa Ee County, before John R.- McFie, Associate Justice. (On motion to strike out motion for new trial and bill of exceptions.) Tlie court is always open except for jury trials. Compiled Laws, 1897, Sec. 2685, sub-sees. 103, 104, 132, 133. Seasonable notice of the adjournment of a term of court must always be given. Grable v. State, 2 Green (Iowa) 559; Stovall v. Emerson, 20 Mo. Ap. 322; 1 Ency. PI. and Pr. 243, 245; 21 Ency.
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Error to District Court for Santa Ee County, before John R.- McFie, Associate Justice. (On motion to strike out motion for new trial and bill of exceptions.) Tlie court is always open except for jury trials. Compiled Laws, 1897, Sec. 2685, sub-sees. 103, 104, 132, 133. Seasonable notice of the adjournment of a term of court must always be given. Grable v. State, 2 Green (Iowa) 559; Stovall v. Emerson, 20 Mo. Ap. 322; 1 Ency. PI. and Pr. 243, 245; 21 Ency. PL and Pr. 601, 602, 631 and cases cited; dissenting opinion of Clifford in Ex. Parte Lange, 18 Wallace 192; Schofield v. Horse Springs…
1Opinion of the Court
OPINION OF THE COUKT.
POPE, J.
(after mailing the foregoing statement sf facts.)
The ultimate question in this case is, Was the court below justified upon plaintiffs testimony in giving' a peremptory instruction for the defendant ?
It is urged'by the defendant on the one hand that this action was right for the reason that the bond in question was deposited as an escrow with Webber conditioned upon his furnishing an indemnity bond and that his delivery to the clerk was in violation of the terms of what the defendant says was a special agency and was thus no delivery at all; that independent of…
2Cases cited24 opinions
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- Rio Grande Irrigation & Colonization Co. v. GildersleeveSupreme Court of the United States · 1899
- White v. DugganMassachusetts Supreme Judicial Court · 1885
- State v. PeckSupreme Judicial Court of Maine · 1865
- Cutler v. RobertsNebraska Supreme Court · 1878
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3Cited by3 opinions
- Spingola v. SpingolaNew Mexico Supreme Court · 1978
- State v. Integon Indemnity Corp.New Mexico Supreme Court · 1987
- Edwin Denton v. Fireman's Fund Indemnity CompanyCourt of Appeals for the Tenth Circuit · 1965