Naeglin v. Decordoba, 171 U.S. 638 (1898)

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Naeglin v. DeCordoba

No. 35

Argued October 13, 1898
Decided October 24, 1898
171 U.S. 638

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

An order signed in vacation by the several members of the Supreme Court of the Territory of New Mexico cannot be considered an order of the court.

The statutes of New Mexico provide that, in the absence of legitimate children, illegitimate children inherit.

A natural guardian has no power to release the claim of a ward to an inheritance without the sanction of some tribunal.

On March 29, 1886, the appellees, Doloritas Martin De Cordoba et al., filed their bill in the District Court of the County of Mora, Fourth Judicial District, Territory of New Mexico, to establish their rights as the children and heirs of one Frederick Metzger. After answer, the case was referred to a master, who reported findings of fact and conclusions of law in favor of the plaintiffs. Upon a hearing in the district court, a decree was entered adversely to the conclusions of the master, and for the defendants. On appeal to the supreme court of the territory, that decree was, on August 24, 1895, reversed, and one entered remanding the case to the district court, with instructions to enter a decree in conformity with the findings and conclusions of the master. Thereupon the defendants appealed to this Court.

At the time of entering the decree, and also of overruling a petition for rehearing, no statement of facts was prepared by the supreme court, and no other determination of the facts than such as appears from the direction to enter a decree in conformity with the findings and recommendations of the master. But after the supreme court had adjourned, an application was made to have the findings of fact made by the master incorporated into the record as a statement and finding of facts by that court for the purpose of an appeal, and upon that application, the following order was entered:

And now the foregoing statement and finding as to the facts proven and established by the evidence in each of said causes are ordered to be incorporated in the record of said supreme court as part thereof, as fully as we may be thereunto empowered, the July term of the supreme court having been adjourned on the 26th day of September, A.D. 1896, and this order made and signed by each of the judges while in his district respectively.

Thomas Smith, Chief Justice

Needham C. Collier, Associate Justice

Supreme Court of New Mexico

Signed at Silver City, in the Third Judicial District

Gideon D. Bantz

Associate Justice of the Supreme Court of New

Mexico and Presiding Judge of the Third

Judicial District Court

Signed at Santa Fe, N.M., in the First Judicial District

N. B. Laughlin

Associate Justice of the Supreme Court and

Judge of the First Judicial District

It appears from the bill, answer, and findings that Frederick Metzger, though an unmarried man, was the father of several children by different women, and this suit is one between these several illegitimate children to determine their respective rights to share in his estate. The counsel for appellants says in his brief:

The bill of complaint and the testimony present for determination of the count two questions: first, what estate and property did Metzger own at the time of his death?, and second, who is entitled to that estate?