United States v. Denver & Rio Grande Railroad

Citations

• 11 N.M. 145

Syllabus

<p>SYLLABUS.</p> <p>1. Under the act of the Territorial Legislature approved February 7, 1889 (Session Laws of 1889, page,45), it was not necessary to plead special acts of congress, to authorize their introduction in evidence.</p> <p>2. The decision of this court upon a first writ of error upon all points actually and necessarily determined, becomes the law of the case, and binding upon the parties and this court upon a second writ of error, when the facts are substantially the same in both instances. The rule also includes all questions necessarily determined in reaching the specific decision announced.</p> <p>3. Lands within three miles of the track of The Denver & Rio Grande Railroad Company, are “adjacent” lands, within the meaning of the acts of congress of June 8, 1872 (17 Stat. 339), and March 1, 1877 (19 Stat. 405).</p>