Early Times Distillery Co. v. Zeiger
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before J. W. Ceumpacker, A. J. STATEMENT OF THE CASE. This cause conies to this court on appeal from the judgment of the district court of the Second District dismissing the plaintiffs’ complaint herein with costs.
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Appeal from the district court of Bernalillo county, before J. W. Ceumpacker, A. J. STATEMENT OF THE CASE. This cause conies to this court on appeal from the judgment of the district court of the Second District dismissing the plaintiffs’ complaint herein with costs. It appears from the evidence that in 1894 the defendant Zeiger, being indebted to the defendant the First National Bank of Albuquerque in upwards of the sum of $38,000, was pressed by the bank for a reduction of his indebtedness. Zeiger sought to borrow money on his ranch property in New Mexico and Arizona and cattle and other…
1Opinion of the Court
OPINION OF THE COURT.
M'cMILLAN, J.
1 This is not a case which the court had power to refer to a master to hear, try and determine, or to report the evidence with his findings of fact and conclusions of law, except upon the written consent of the x>arties. Code of Civil Procedure (Compiled Laws of 1897, sec. 2685, snb-sec. 138, 139). Terpening v. Holton, 9 Colorado 306, in which the court, said: “Whether the order therefor be construed as directing the referee to try the issues and report a judgment, or to report a finding of fact which would have the effect of a special verdict, viewed as a…
2Cases cited4 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- McDonald v. Chemical National BankSupreme Court of the United States · 1899
- Bonner v. McPhailNew York Supreme Court · 1860
- Scubder v. SnowNew York Supreme Court · 1864
3Cited by3 opinions
- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
- M. R. Prestridge Lumber Co. v. Employment Security CommissionNew Mexico Supreme Court · 1946
- Early Times Distillery Co. v. ZeigerNew Mexico Supreme Court · 1902