Scarbrough v. Wooten
New Mexico Supreme Court
Appeal from District Court,’ Quay County; T. D. Leib, Judge. Action by J. M. Scarbrough against J. E. Wooten. Prom a judgment of the district court affirming a judgment of justic court for plaintiff, defendant appeals. No damages can be recovered for trespass by animals running at large. ITill v. Winkler, 21 N. M. 5 Par. 39 Code 1915. Pact that stock is in charge of herder is no evidence that trespass is willful. 81 Am.
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Appeal from District Court,’ Quay County; T. D. Leib, Judge. Action by J. M. Scarbrough against J. E. Wooten. Prom a judgment of the district court affirming a judgment of justic court for plaintiff, defendant appeals. No damages can be recovered for trespass by animals running at large. ITill v. Winkler, 21 N. M. 5 Par. 39 Code 1915. Pact that stock is in charge of herder is no evidence that trespass is willful. 81 Am. St. E. 451. Chapter 94, Laws 1909 is unconstitutional because local and special eglislation. State v. A. T. & S. P. Ey Co. 20 N. M. 562. Chapter .94 L. 1909, is…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
(after stating the facts as above). The right of the plaintiff in the district court to recover, and his right to sustain the judgment there given, depend upon whether or not chapter 94 of the Session Laws of 1909, which is not included in the codification of 1915, was repealed by the repealing clause of the codification, and therefore no longer in effect. The repealing clause, so far as it is necessary to make reference thereto, is as follows:
“All acts and parts of acts of a general and permanent nature, not contained in this codification, are hereby…
2Cases cited7 opinions
- Guthrie National Bank v. GuthrieSupreme Court of the United States · 1899
- State v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1915
- Morrison v. BachertSupreme Court of Pennsylvania · 1886
- Hankins v. Mayor of New YorkNew York Court of Appeals · 1876
- Hill v. WinklerNew Mexico Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Garcia on Behalf of Garcia v. La FargeNew Mexico Supreme Court · 1995
- Lilly Co. v. . SaundersSupreme Court of North Carolina · 1939
- City of Raton v. SprouleNew Mexico Supreme Court · 1967
- Hutcheson v. AthertonNew Mexico Supreme Court · 1940
- Grubb v. WolfeNew Mexico Supreme Court · 1965
14 more not listed; retrieve them via the Exa API.