Herbst v. Rogers
New Mexico Supreme Court
Appeal from District Court, Chaves County; J. T. McClure, Judge. Action between James B. Herbst and William E. Eogers. Judgment for Eogers, and Herbst appeals. The grant of an indefinite easement, when once located and fixed, cannot thereafter be changed or enlarged without the consent of all parties. 14 Cyc. 1205; Jennison v. Walker, 11 Grey 423; Moor-head y. Snyder, 31 Pa. St. 514; Garraty v. Duffy, 7 E. I. 476; Onthank v. Lake Shore & M. S'. E. Co., 71 N. Y. 194, 27 Am.
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Appeal from District Court, Chaves County; J. T. McClure, Judge. Action between James B. Herbst and William E. Eogers. Judgment for Eogers, and Herbst appeals. The grant of an indefinite easement, when once located and fixed, cannot thereafter be changed or enlarged without the consent of all parties. 14 Cyc. 1205; Jennison v. Walker, 11 Grey 423; Moor-head y. Snyder, 31 Pa. St. 514; Garraty v. Duffy, 7 E. I. 476; Onthank v. Lake Shore & M. S'. E. Co., 71 N. Y. 194, 27 Am. Eep. 35; Allen v. San Jose Land & Water Co., 15 L. E. A. p. 93, with note;- White Bros. & Crum Co. y. Watson, 64 Wash.…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
[1] Appellee has moved to strike out certain portions of the record and to dismiss the appeal on four grounds, only two of which are argued or supported by brief. lie insists that the appeal should be dismissed because the transcript of record was not filed until after the return day. There is no merit in that contention. While the statute (section 4490, Code 1915) requires appellant to file the transcript of record in this court at least ten days prior to the return day, this requirement was waived because the transcript was filed prior to the talcing of…
2Cases cited9 opinions
- Capen v. GarrisonSupreme Court of Missouri · 1906
- Allen v. San José Land & Water Co.California Supreme Court · 1891
- Pople v. OrekarNew Mexico Supreme Court · 1916
- White Bros. v. WatsonWashington Supreme Court · 1911
- Onthank v. . L.S. and M.S.R.R. Co.New York Court of Appeals · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- National Mut. Savings & Loan Ass'n v. McGheeNew Mexico Supreme Court · 1934
- Herbst v. RogersNew Mexico Supreme Court · 1920
- Squires v. Mergenthaler Linotype Co.Nevada Supreme Court · 1940
- Roy E. Hays Co. v. AllenWyoming Supreme Court · 1930