Independent Steel & Wire Co. v. New Mexico Cent. R.

Citations

• 25 N.M. 160
• 178 P. 842

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. In the absence of statute, amount of compensation of receiver of railroad rests in discretion of court appointing him. P. 163</p> <p>2. The controlling considerations in fixing the amount of compensation of a receiver of a railway stated. P. 163</p> <p>3. The word “discretion” defined. P. 164</p> <p>4. The action of the trial court in fixing the amount of compensation of its receiver will be set aside on appeal,, only where the facts and circumstances disclose that the court abused its discretion. P. 165</p> <p>5. An abuse of judicial discretion occurs when the court exceeds the bounds of reason, all the circumstances before it being considered. Evidence examined, and held that court did not abuse its discretion. P. 165</p> <p>6. The actual disbursements of a receiver outside the scope of the duties incumbent upon him are properly disallowed. Certain items of account of the receiver held properly disallowed. P. 167</p>