Miera v. Sammons

On Motion for Rehearing.

WATSON, J.

The principal objection goes to our holding that Code 1915, § 4186, does not require five days ’ notice of final hearing of an equity cause during terms. It is urged that, under section 4185 and numerous decisions reviewed in Fullen v. Fullen, 21 N. M. 212, 153 F. 294, and later decisions, there are" no terms of court except for jury trials; that for equity causes courts are always in session; and that hence, if counsel “are presumed to be present during' terms of court wherein their causes are pending,” as said in United States v. Irrigation Co., 13 N. M.…