Beall v. New Mexico
Supreme Court of the United States
Error to the Supreme Court of the Territory of New Mexico; the case being thus: One Hinckley died at Santa Fé, in the Territory of New Mexico, in October, 1866. At the time of bis death he was a member of a mercantile copartnership, consisting of himself and two persons named Blake and Ward well, and they carried on business at Fort Craig and other places in the Territoi y of New Mexico.
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Error to the Supreme Court of the Territory of New Mexico; the case being thus: One Hinckley died at Santa Fé, in the Territory of New Mexico, in October, 1866. At the time of bis death he was a member of a mercantile copartnership, consisting of himself and two persons named Blake and Ward well, and they carried on business at Fort Craig and other places in the Territoi y of New Mexico. In November, 1866, one Beall was appointed “ administrator and executor of the estate of Hinckley, according to the last will of the deceased,” and upon such appointment gave a bond with himself as principal…
1Opinion of the CourtJustice Bradley
delivered the'opinion of the court.
•The first error assigned is, that judgment was entered by the Supreme Court against the sureties of the appeal bond as well as against the appellants below. This point depends on the question whether the statute of the Territory authorizing such a judgment is a valid one or not. As the legislative power of the Territory, by the organic act, extends to all rightful subjects of legislation consistent with the Constitution of the United States, it would seem to extend to such a case as this. A party who enters his name as surety on an appeal bond does' it with…
2Cases cited1 opinion
- Drenkle v. SharmanSupreme Court of Pennsylvania · 1840
3Cited by63 opinions
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- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- Michigan Trust Co. v. FerrySupreme Court of the United States · 1913
- Waring v. LewisSupreme Court of Alabama · 1875
- Pease v. Rathbun-Jones Engineering Co.Supreme Court of the United States · 1917
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