Reports of Cases Determined in the Supreme Court of the Territory of New Mexico, Volum 16New Mexican Printing Company, 1912 |
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action adverse possession affirmed Alameda Grant Albuquerque alleged Animas river appellant Appellee assignment of error Associate Justice attorney Bank Bernalillo County bond cause chap Chaves County cited claim Coal Colo Colorado Company complaint contract corporation counsel court of equity damages decree defendant demurrer District Court ditch evidence fee simple fendant filed findings of fact fraud Gonzales grant ground Haverkampf held instruction Iowa irrigation Johnson judgment jurisdiction jury land liability Lockhart lower court ment Mexico Mining mortgage motion objection opinion owner parties person Pilkey plaintiff Plaintiff in Error pleadings possession prior question railroad Railway reason record rendered rule San Juan County Section statute sub-sec supra SYLLABUS territorial engineer testimony thereof tion treasurer trial court Turley verdict Weinman witness writ
Populære avsnitt
Side 125 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Side 5 - Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Side 125 - Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Side 262 - All natural waters flowing in streams and water courses, whether such be perennial, or torrential, within the limits of the state of New Mexico, belong to the public and are subject to appropriation for beneficial use.
Side 125 - ... no contract, receipt, rule or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed...
Side 84 - Every contract, combination in form of trust or otherwise, or conspiracy in restraint of trade or commerce in any Territory of the United States or of the District of Columbia, or in restraint of trade or commecre between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States or foreign nations, is hereby declared illegal.
Side 567 - ... no officer, agent, or representative shall have such power or be deemed or held to have- waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached.
Side 589 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them, that the question of negligence is ever considered as one of law for the court.
Side 21 - Columbia, the person so charged shall, at his own request, but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him.
Side 23 - And, on the one hand, if much the larger number of your panel are for a conviction, a dissenting juror should consider whether a doubt in his own mind is a reasonable one, which makes no impression on the minds of so many men, equally honest, equally intelligent with himself...