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REPORTS OF CASES

DETERMINED IN

THE SUPREME COURT

OF THE

TERRITORY OF NEW MEXICO

FROM JANUARY 3, 1893, TO AUGUST 24, 1895.

CHARLES H. GILDERSLEEVE

REPORTER

VOLUME VII

COLUMBIA, MO.:
E. W. STEPHENS, PUBLISHER,

1897.

Entered according to act of Congress in the year 1897 by

E. W. STEPHENS, In the office of the Librarian of Congress at Washington, D. C.

Ree. Apr. 12,1857

OF THE

SUPREME AND DISTRICT COURTS

OF THE

TERRITORY OF NEW MEXICO.

FROM 1846 TO 1895, BOTH INCLUSIVE,

COMPILED BY

JAMES H. PURDY

OF THE SANTA FE BAR.

CHIEF JUSTICES. By the organic act, 1851, the supreme court was constituted of a chief justice and two associate justices. In 1887 a third associate justice was added; and in 1889 was added a fourth associate justice. APPOINTED. !

APPOINTED. Joab Houghton 1846 Henry L. Waldo..

1876 by Gen. S. W. Kearney. Died

Resigned. January 31, 1876.

Chas. McCandless..

1878 Grafton Baker.

1851

Resigned. J. J. Davenport .. 1853 'L. Bradford Prince...

1879 Kirby Benedict. 1858 Samuel B. Axtell.

1882 Died at Santa Fe, New Mexico,

Died at Morristown, New Jersey,

1893. John P. Slough 1866 William A. Vincent...

1885 Died at Santa Fe, New Mexico, Elisha V. Long

1885 Decernber 17, 1867.

James O'Brien.

. 1889 Jobn S. Watts.

1868 Died in Indiana, in 1873.

Thomas Smith.

1893 Joseph G. Palen....

1869 Died at Santa Fe, New Mexico, December, 1875.

JUDGES OF THE FIRST DISTRICT.

Headquarters at Santa Fe. The First District, from 1846 to 1860, included the counties of Santa Fe, Santa Ana, and San Miguel. In 1860, the counties of Mora, Colfax, Taos, and Rio Arriba, were added. In 1887, the First District was made to include the counties of Santa Fe, San Juan, Rio Arriba, and Taos. APPOINTED. |

APPOINTED. *Joab Houghton.. 1816 : *L. Bradford Prince

1879 from New Mexico,

from New York. *Grafton Baker... 1851 | *Samuel B. Axtell.

1882 *J. J. Davenport.

1853 from California. *Kirby Benedict

1858
**Reuben A. Reeves...

1887 from Illinois.

from Texas. * John P. Slough. 1866 ** Wm. H. Whiteman..

1889 from Colorado,

from New Mexico, *John S. Watts.. 1 868 ** Edward P. Seeds..

1890 *Joseph G. Palen

from Iowa.

1869 from New York.

** Napoleon B. Laughlin..... 1894 *Henry L. Waldo.

1876 from New Mexico. from New Mexico. *Chas. McCandless.

1878 from Pennsylvania. * Chief Justice. ** Associate Justice,

ASSOCIATE JUSTICES, SECOND DISTRICT.

Headquarters at Albuquerque. The Second District, from 1846 to 1860, was composed of the counties of Bernalillo, Valencia, and (soon as organized) Socorro, Dona Ana, and Arizona. In 1860, the District was constituted of the counties of Bernalillo, Valencia, and Socorro. In 1889, Socorro county was transferred to the Fifth District.

APPOINTED.

APPOINTED. Antonio J. Otero.. 1846 John I. Reddick ..

1876 from New Mexico.

from Nebraska. John S. Watts 1851 Samuel B. McLin..

1877 from Indiana, Died, 1873.

from Florida. Died in Florida. Perry E. Brocchus 1857 Samuel C. Parks.

1878 from Maryland. Died.

from Illinois. W. F. Boon ...... 1859 Joseph Bell..

1882 Sydney A. Hubbell

1801 from New York, Died in Cali. from New Mexico, Died at Las

fornia, 1887. Vegas, 1880.

William H. Brinker...

1885 Perry E. Brocchus...

1867 from Missouri. from Maryland. Died at Balti William D. Lee

1889 more.

from New Mexico. Hezekiah S. Johnson.. 1870 , Needham C. Collier

1893 from New Mexico. Died at Albu

from Georgia. querque, 1873.

ASSOCIATE JUSTICES, THIRD DISTRICT.

Headquarters at Taos, 1846-1860. The Third District, from 1846 to 1860, consisted of the counties of Taos and Rio Arriba. In 1860, those counties became part of the First District, organized of Dona Ana county. In 1887, the Third District was reorganized of Dona Ana and Grant counties, with headquarters at Las Cruces. In 189-, Sierra county was added, and in 1895, Silver City was designated as headquarters.

APPOINTED.

APPOINTED. Chas. Beaubien.... 1846 Daniel B. Johnson.

1871 from New Mexico. Died at Taos,

from Minnesota. New Mexico, January, 18.46.

Warren Bristol...

1872 Horace Mower..

1851 trom Minnesota. Died, Deming, Kirby Benedict

1853

New Mexico. from Illinois. Died at Santa Fe, Stephen F. Wilson

1884 New Mexico.

froin Pennsylvania. Wm. G. Blackwood.... 1858 Wm. F. Henderson.

1885 from South Carolina. Died in

from Arkansas. Died, Washing. New Mexico.

ton, D. C., 1800. Joseph G. Knapp .. 1861 John R. McFie ...

1889 Joab Houghton.

1865 from New Mexico. from New Mexico. Died January

Albert B. Fall.

1893 31, 1876.

from New Mexico. Resigned. Abraham Berger. 1869 Gideon D. Bantz.

1895 from Minnesota.

from New Mexico. Benjamin J. Waters.

1870 from Missouri,

ASSOCIATE JUSTICES, FOURTH DISTRICT.

Headquarters at Las Vegas. This District was organized in 1887, of the counties of San Miguel, Colfax, Mora, and Lincoln. In 1889, Lincoln county became part of the Fifth District, and, in 1891, Guadalupe county was added, and, in 1893, Union county. APPOINTED.

APPOINTED. Elisha V. Long. 1889 Thomas Smith.

1893 James O'Brien.

1890

from Virginia. from Minnesota.

ASSOCIATE JUSTICES, FIFTH DISTRICT,

Headquarters at Socorro. This District was organized in 1889, of the counties of Socorro, Lincoln, with Chavez and Eddy counties when organized.

APPOINTED.

APPOINTED. Alfred A. Freeman..

1890 Humphrey B. Hamilton 1895 from Washington, D. C.

from New Mexico.
OLERKS OF THE SUPREME COURT.

Appointed by the Court.
APPOINTED. !

APPOINTED. James M. Giddings. 1852 Rufus J. Palen.

1873 of Missouri. Dicd, Fort Sumner,

of New York. 18

John H. Thompson..

1877 Louis D. Sheets.....

1854 of Missouri. of Missouri,

Frank W. Clancy.

1880 Augustine de Marle..

1856 of New Hampshire. Died, Santa Fe, New Mexico.

Charles M. Phillips. .

1883 Samuel Ellison.

1859 of New Jersey. of Kentucky. Died, Santa Fe, Ruel M. Johnson..

1886 July 20, 1889.

of Indiana Wm. M. Gwynne.. 1866 Robert M. Foree.

.. 1887 of Ohio,

of Kentucky. Peter Connelly

1867
Summers Burkhart.

1889 of New Mexico.

of West Virginia. Samuel Ellison

1868
Harry S. Clancy.

1891 of Kentucky. Died, Santa Fe,

of New Hampshire. 1889.

1893 William Breeden.

Page B. Otero. 1869

of New Mexico. of Kentucky, Marshall A. Breeden.

George L. Wyllys

... 1894 1872

of Virginia. of Kentucky

UNITED STATES ATTORNEYS.

APPOINTED.

1871

1872

1878

1883

APPOINTED. Frank P. Blair, Jr..

1846 s. M. Ashenfelter.. from Missouri.

from Pennsylvania. Hugh N. Smith

1847 Thos. B. Catron.. froin New Mexico.

from New Mexico, Elias P. West...

1851 Sidney M. Barnes Wm. H. H. Davis..

1853 from Arkans:is. from Pennsylvania.

George W. Prichard.. Wm. Claude Jones..

1855 from New Mexico. Richard H. Tompkins..

1858 Joseph Bell.. from New Mexico.

from New Mexico. Theodore D. Wheaton... 1860 Thomas Smith.. from New Mexico.

from Virginia. Merrill Ashurst

1861 Eugene A. Fiske. from Alabama.

from New Mexico. Stephen B. Elkins..

1867 J. B. H. Hemingway. from New Mexico.

from New Mexico.

1884

1885

1889

1893

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