Gutierrez v. Territory of New Mexico ex rel. Curran
New Mexico Supreme Court
Error to the district court of Bernalillo county, before Benjamin S. Baker, Associate justice. The district court should have granted plaintiffs in error an appeal and fixed a supersedeas bond and allowed it to be given. Sub-section 161 of Section 2685, Compiled Laws, N. M., 1897; Sections 883 and . 3136, Compiled Laws, N. M., 1897; Great Western Telegraph Co. v. Burnham, 162 U. S. 342. This was a matter subsequent to the judgment and is not properly assignable as error.
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Error to the district court of Bernalillo county, before Benjamin S. Baker, Associate justice. The district court should have granted plaintiffs in error an appeal and fixed a supersedeas bond and allowed it to be given. Sub-section 161 of Section 2685, Compiled Laws, N. M., 1897; Sections 883 and . 3136, Compiled Laws, N. M., 1897; Great Western Telegraph Co. v. Burnham, 162 U. S. 342. This was a matter subsequent to the judgment and is not properly assignable as error. If the defendants below were entitled to an appeal, their appropriate remedy was by mandamus from this court to the…
1Opinion of the Court
OPINION OP ..THE COURT.
POPE, J.
1 Error is assigned upon the action of the court below in sustaining the demurrer and entering judgment against the defendants and also in refusing to grant the defendants an appeal and supersedeas. There was no error in entering judgment against the defendants upon the pleadings. The action of the court below in this respect simply followed the decision of this court upon the former appeal, (Territory ex rel., Curran v. Gutierrez, et al., 78 Pac. 139), which decision fixed the law of the case.
2 The remaining assignments of error are not available for the reason…
2Cases cited7 opinions
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- Ex Parte JordanSupreme Court of the United States · 1877
- Ex parte WalkerSupreme Court of Alabama · 1875
- Richardson v. RogersSupreme Court of Minnesota · 1887
- Ex Parte ZellnerSupreme Court of the United States · 1870
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3Cited by1 opinion
- 27 Fair empl.prac.cas. 39, 27 Empl. Prac. Dec. P 32,216 Carl Edmonson v. United States Steel CorporationCourt of Appeals for the Fifth Circuit · 1981