Report of Cases Determined in the Supreme Court and Court of Appeals of the State of New Mexico Volume 13

Report of Cases Determined in the Supreme Court and Court of Appeals of the State of New Mexico Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... rent was not demanded on the 3 leased premises on the day when due. The rigor of the common law rule, which is here invoked, no longer prevails as far as we are aware, in any jurisdiction. If the lease is silent as to the place of payment, the practice of the parties may establish it. In Territory v. Hendricks. the case at bar, it appeared that the rent had invariably been paid at the residence of the lessors, and an offer to pay so much of the rent for which the plaintiff in error was held liable in the present cause as he admitted to be due, was made there in his behalf, and refused on the ground that it was less than the amount claimed and then stated to be due. We think the lessee must be held to have waived the right, if it at any time existed, to have demand made on the leased premises. Fourth. That permission to file a complaint in place 4 of one alleged to have been lost was given by the dis trict court. We think it was a proper exercise of the discretion of the court to permit a copy of the complaint which had been lost to be substituted for it, under section 2685, subsec. 116 of the Compiled Laws of 1897. Fifth. That the justice of the peace before whom the cause was originally tried had no power to try it for the reason that, as alleged, his oath of office had not 5 been recorded, as required by section 3226 of the Compiled Laws of 1897. The oath of office itself, and not the record of it, is made a condition precedent to the right to act as justice of the peace and there was no evidence that such oath had not been taken by the justice in question. The judgment of the district court is affirmed. William J. Mills, C. J., John R. McFie, A. J., Frank W. Parker, A. J., _Edward A. Mann. A. J., concur. Pope, A. J., having tried more

Product details

  • Paperback
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236859758
  • 9781236859754