In re Jaramillo
New Mexico Supreme Court
Petition for writ of babeas corpus. A court in this territory can not enforce a decree simply for the payment of money by process of attachment for contempt and imprisonment. Noonan v. Lee, 2 Black. 499; Orchard v. Hughes, .1 Wall. 73. These decisions were rendered on the provision of rule 92 with reference to foreclosure cases, which is e*xpressly applicable to territorial courts. Equity Buie 92, U. S. Cir. and Disct. Ot.; Comp.
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Petition for writ of babeas corpus. A court in this territory can not enforce a decree simply for the payment of money by process of attachment for contempt and imprisonment. Noonan v. Lee, 2 Black. 499; Orchard v. Hughes, .1 Wall. 73. These decisions were rendered on the provision of rule 92 with reference to foreclosure cases, which is e*xpressly applicable to territorial courts. Equity Buie 92, U. S. Cir. and Disct. Ot.; Comp. Laws, sec. 522; Id., secs. 2157, 2158; .2 Danl. Chy. Prac., pp. 1030, 1042, secs. 6, 7; Battle v. Bering, 7 Yerg. (Tenn.) 529; 3 Danl. Chy. Prac. 2377, Rule 8; Rev.…
1Opinion of the CourtLaughlin, J.
The petitioner, Jose F. Jaramillo, with Trinidad R. de Jaramillo and Celina C. Jaramillo, were co-administrators of the estate of Telesfor Jaramillo, deceased, and resided in Yalencia county, New Mexico; and in respect to the settlement of said estate in the probate court for said Yalencia county, there was a suit and a judgment which was appealed from to the district court for the Second judicial district for said county; and on a hearing of the case in said district court, certaip findings were made by said court, among which findings one was as follows, to wit: “Eighth. The court doth…
2Cases cited7 opinions
- Coughlin v. EhlertSupreme Court of Missouri · 1866
- Galland v. GallandCalifornia Supreme Court · 1872
- Ex parte GraceSupreme Court of Iowa · 1861
- In re BinghamSupreme Court of Vermont · 1859
- Steller v. StellerMichigan Supreme Court · 1872
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