Reports of Cases Determined in the Supreme Court of the Territory of New Mexico, Հատոր 9

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New Mexican Printing Company, 1900
 

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Common terms and phrases

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Էջ 217 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Էջ 331 - ... with regard thereto; that there is not, to his knowledge, within the limits thereof, any vein or lode of quartz or other rock in place...
Էջ 562 - It is ordered by the Court, that the Clerk of the Court to which any writ of error shall be directed, may make return of the same by transmitting a true copy of the record, and of all proceedings in the same, under his hand and the seal of the Court
Էջ 323 - This Is an action of ejectment, brought by the plaintiff in error against the defendants in error in the district court...
Էջ 218 - But it is not only final as to the matter actually determined, but as to every other matter which the parties might litigate in the cause, and which they might have had decided.
Էջ 543 - In all other cases where a general law can be made applicable, no special law shall be enacted.
Էջ 468 - And upon a like process, may final judgments and decrees in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from courts of the several States, or removed there by appeal from a district court where the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs...
Էջ 296 - The river Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right: not even for the purpose...
Էջ 243 - ... and every contractor, sub-contractor, architect, builder, or other person having charge of...
Էջ 218 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence

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