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OF THE

c

Supreme Court of New Mexico

Volumes 1 to 14, Inclusive

AND

ALL NEW MEXICO DECISIONS IN PACIFIC

REPORTER, 1 TO 106. INCLUSIVE

WITH TABLE OF CASES

AND

WITH RULES OF THE SUPREME AND

DISTRICT COURTS

BY

JAMES DERDEN, LL. B

DENVER:
W. H. COURTRIGHT
Law Publisher and Bookseller

1910

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PREFACE

This volume is submitted to the profession with a view of aiding the courts and attorneys to readily ascertain what the court of last resort has passed upon. This Digest aims to digest every point ever passed on in New Mexico, showing every place the decision has been reported.

The arrangement and classification follows the plan of the Century digest as far as feasible.

The author feels that some apology is due the bar of New Mexico for attempting this work. Coming to New Mexico from Texas the work was originally attempted to familiarize himself with the decisions of New Mexico, but later when for reasons of health it was necessary to move to Denver, the author completed the work, devoting more than a year to its preparation, and after some delay induced the publisher to bring it out facing a present financial loss, owing to the limited number of lawyers in New Mexico.

Trusting the work will prove of some value to the bar of New Mexico I hereby submit this digest to your consideration.

J. D. Oakes Home, March 15, 1910.

RULES

OF THE

SUPREME COURT

OF

NEW MEXICO

RULE I.

Clerk

1. The clerk of this court shall reside and keep his office at the seat of the territorial government, and he shall not practice as an attorney, solicitor or counselor in this court or the District Courts of this Territory, while he shall continue to be clerk of this court.

2. The clerk shall not permit any original record or paper to be taken from the court room, or from the office, without an order from the court.

RULE II.

1. Whenever it is desired to review the action of the trial court upon any point or points not involving all of the record or evidence in a cause, the appellant or plaintiff in error shall file in the office of the clerk of the District Court a praecipe setting forth the questions he desires to have reviewed and those portions of the record and proceedings he deems necessary to such review; and he shall be bound in the Supreme Court by the praecipe so filed.

If in such cases the opposite party desires to take up more of the record than the trial judge determines to be necessary upon the points to be reviewed, he may have the additional parts of the record certified by the clerk and by him certified with the rest of the record, and cause the same to be filed in the Supreme Court at his own expense in the first instance and if the Supreme Court shall hold that the same was necessary to a proper hearing of the case, such expense shall afterwards be taxed in the Supreme Court as other costs in the case.

When the transcript of the record transmitted to the Supreme Court upon an appeal or writ of error shall contain portions of the record not

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