{ "id": 4696033, "name": "EDWARD BASS, Administrator of the Estate of C. Gordon Bass, Deceased, Appellant, v. THE OCCIDENTAL LIFE INSURANCE COMPANY, Appellee", "name_abbreviation": "Bass v. Occidental Life Insurance", "decision_date": "1913-10-21", "docket_number": "No. 1593", "first_page": "282", "last_page": "285", "citations": [ { "type": "official", "cite": "18 N.M. 282" } ], "court": { "name_abbreviation": "N.M.", "id": 8835, "name": "Supreme Court of New Mexico" }, "jurisdiction": { "id": 52, "name_long": "New Mexico", "name": "N.M." }, "cites_to": [ { "cite": "137 S. W. 804", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": -1 }, { "cite": "50 Mo. 180", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 980499 ], "opinion_index": -1, "case_paths": [ "/mo/50/0180-01" ] }, { "cite": "27 So. 657", "category": "reporters:state_regional", "reporter": "So.", "opinion_index": -1 }, { "cite": "18 S. W. 1107", "category": "reporters:state_regional", "reporter": "S.W.", "year": 1900, "opinion_index": -1 }, { "cite": "108 Mo. 431", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 933229 ], "year": 1900, "opinion_index": -1, "case_paths": [ "/mo/108/0431-01" ] }, { "cite": "8 Cal. 306", "category": "reporters:state", "reporter": "Cal.", "case_ids": [ 2257420 ], "year": 1900, "opinion_index": -1, "case_paths": [ "/cal/8/0306-01" ] }, { "cite": "35 Cal. 464", "category": "reporters:state", "reporter": "Cal.", "weight": 2, "opinion_index": -1 }, { "cite": "47 Ohio St. 116", "category": "reporters:state", "reporter": "Ohio St.", "case_ids": [ 928475 ], "opinion_index": 0, "case_paths": [ "/ohio-st/47/0116-01" ] }, { "cite": "23 Mich. 311", "category": "reporters:state", "reporter": "Mich.", "opinion_index": 0 }, { "cite": "55 Conn. 223", "category": "reporters:state", "reporter": "Conn.", "case_ids": [ 514757 ], "opinion_index": 0, "case_paths": [ "/conn/55/0223-01" ] }, { "cite": "32 N. J. Eq. 290", "category": "reporters:state", "reporter": "N.J. Eq.", "case_ids": [ 743286 ], "opinion_index": 0, "case_paths": [ "/nj-eq/32/0290-01" ] }, { "cite": "102 Va. 536", "category": "reporters:state", "reporter": "Va.", "opinion_index": 0 }, { "cite": "16 R. I. 726", "category": "reporters:state", "reporter": "R.I.", "case_ids": [ 4825066 ], "opinion_index": 0, "case_paths": [ "/ri/16/0726-01" ] }, { "cite": "108 Mo. 431", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 933229 ], "year": 1900, "opinion_index": 0, "case_paths": [ "/mo/108/0431-01" ] } ], "analysis": { "cardinality": 415, "char_count": 6366, "ocr_confidence": 0.484, "pagerank": { "raw": 4.6922169990516086e-08, "percentile": 0.29431175331071424 }, "sha256": "a138b750a90f50a750f8664b0ae214927dc664285a2ae7f1e91d817b6b0e740a", "simhash": "1:1ccdc9b7e2ce2548", "word_count": 1126 }, "last_updated": "2023-07-14T18:46:47.817418+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "EDWARD BASS, Administrator of the Estate of C. Gordon Bass, Deceased, Appellant, v. THE OCCIDENTAL LIFE INSURANCE COMPANY, Appellee." ], "opinions": [ { "text": "OPINION OP THE COURT.\nROBERTS, C. J. \u2014\nEdward Bass, administrator of the estate of C. Gordon Bass, deceased, instituted suit in the District Court of McKinley County against the appellee on a policy of insurance issued, as alleged in the complaint, on the life of the deceased. Dpon the trial of the cause, the jury, under instructions of the Court, returned a verdict for the defendant, upon'which judgment was entered December 9, 1912. Thereafter, the record recites, that on the 12th day of May, 1913, application for appeal was filed, which reads as follows:\u2014\n\u2018\u2018Comes now Susie Bass, heretofore appointed administratrix de bonis non of the estate of C. Gordon Bass, deceased, by order of the Probate Court of McKinley County, dated March 4, 1913, and says that as such administratrix de bonis non she is aggrieved by the final judgment and decision of the District Court of McKinley County in the above entitled cause, and therefore prays an appeal.to the Supreme Court of the State of New Mexico.\u201d\nIt is next recited in the record:\u2014\n\u201cThis cause coming on to be heard upon the application for appeal of Susie Bass, administratrix de bonis non of the estate of C. Gordon Bass, deceased, and it appearing to this court that Susie Bass, as such administratrix de bonis non, has been aggrieved by the final judgment of this Court in the above entitled cause, and this Court being sufficiently advised in the premises, it is herewith ordered \u25a0and adjudged that said appeal be and the same is hereby -allowed, etc.\u201d\nAppellee has filed a motion to dismiss the appeal upon two grounds, viz: \u2014 (1) \u201cThat the appellant, Susie Bass, as administratrix do bonis non of the estate of C. Gordon Bass, deceased, was not a party to said cause in the District Court, and had no right of appeal; (2) For the reason that if Susie Bass was the successor to the plaintiff Edward Bass, as administrator of the estate of C. Gordon Bass, deceased, there was no proper action, rule, notice or .judgment of revivor by which to make her a party or give her a right of appeal.\u201d\nThe motion thus interposed raises the question as to who may appeal, or sue out a writ of error, under section 1, \u25a0chapter 57, S. L. 1907, by which section, \u201cAny person aggrieved by any final judgment or decision of any District Court,\u201d etc., \u201cin any civil cause\u201d may take an appeal or sue out a writ of error. If, under this section, the right \u25a0of appeal is confined to a party to the cause in the District Court, it is evident that appellee\u2019s motion to dismiss is well taken, for it can not be contended, in the absence of a judgment or order of revivor, that the administratrix de bonis non herein, was a \u201cparty to the suit,\u201d the record \u25a0disclosing that the suit was instituted by the administrator, and conducted by him and in his name until after the entry of the judgment. It is true similar statutes have been construed to give a right of appeal only to a \u201cperson\u201d who was a party to the suit in the Court below (Gannon v. Doyle, 16 R. I. 726; Southern Railroad Co. v. Glenn, 102 Va. 536; Parker v. Reynolds, 32 N. J. Eq. 290), but the greater weight of authority supports the construction that such a statute gives to one directly interested, though not a party to the action, the right of appeal. (Dickerson\u2019s Appeal, 55 Conn. 223; Labor v. Nichols, 23 Mich. 311; Henry v. Heanes, et al., 47 Ohio St. 116; Nolan v. Johns, 108 Mo. 431, and see authorities collected in note 3, 2 Ency. Ply. & Pr. 169.) The rights of the person appealing must, however, be injuriously affected by the judgment from which he seeks to appeal, and this fact it appears may be shown de hors the record, (Eney. PI. & Pr. 169), and should be made plainly to appear in the application for the appeal and, unless the showing made satisfies the judge of the District Court of such facts,, the appeal should be denied.\nIn this case the application for-the appeal was made by the administratrix de bonis non, and it is to be presumed that the trial judge satisfied himself that the applicant was duly and regularly appointed and qualified as such, otherwise he would not have entertained the application.\nThis fact being established, it would necessarily follow that she was, as such administratrix de bonis non, aggrieved by the final judgment against her predecessor, the-plaintiff in the case, for, had the plaintiff prevailed, the estates would have profited by the judgment recovered.\nEor the reasons stated, the motion to dismiss the appeal will be denied, and it is so sordered.", "type": "majority", "author": "ROBERTS, C. J. \u2014" } ], "attorneys": [ "Alonzo B. McMillen, Albuquerque, N. M., for appellee.", "A. T. Hannett, Yigil & Jamison,-Albuquerque, N. M., for appellants." ], "corrections": "", "head_matter": "[No. 1593,\nOctober 21, 1913.]\nEDWARD BASS, Administrator of the Estate of C. Gordon Bass, Deceased, Appellant, v. THE OCCIDENTAL LIFE INSURANCE COMPANY, Appellee.\nSYLLABUS (BY THE COURT)\n1. Section 1, chap. 57, S. L. 1907, gives to \u201cAny person aggrieved by any final judgment,\u201d etc., the right of appeal. Under this statute the right of appeal is not confined to a \u2022party to the suit, but any person directly interested and injuriously affected by the judgment may appeal.\n' P. 284\n2. All the facts, entitling the person, not a party to the-record, to appeal should be stated in the application for appeal.\nP. 285-\nAppeal from the District Court of McKinley County,-. Herbert F. Raynolds, District Judge; motion to dismiss denied.\nBrief on Motion to Dismiss Appeal.\nAlonzo B. McMillen, Albuquerque, N. M., for appellee.\nStatutes governing proceedings taken to revive causes. O. L. 1897, secs. 3091, 3092, 3093, 3094-, 3100.\nOne who is not a party to the record cannot appeal any more than can a judgment be rendered against one who is not a party. Oj^c. p. 84-6; Judson v. Love, et al., 35 Cal. 464.\nBrief of Appellant on Motion to Dismiss.\nA. T. Hannett, Yigil & Jamison,-Albuquerque, N. M., for appellants.\nStatutes cited are entirely immaterial because not applicable to the case at bar. C. L. 1897, sec. 3091.\nCase of Judson v. Love, 35 Cal. 464, not in'point. Question here presented is: Who may take an appeal ? Lavs 1907, ch. 57, sec. 1.\nAn administratrix de-bonis-non- of an estate was a party. 2 Cyc. 627, and note on same page; Adams v. Woods, 8 Cal. 306; Weer v. Gand, 88 111. 490; Henkleman v. Peterson, 40 111. App. 540; Nolan v. Jones, 108 Mo. 431^18 S. W. 1107; Clark\u2019s Code Civ.. Pro. N. C. (1900), article 547; Mutual Life Ins. Co. v. Houchins, 27 So. 657; Zinc Co. v. Hesselmeyer, 50 Mo. 180; Striklin v. Galloway, 137 S. W. 804." }, "file_name": "0282-01", "first_page_order": 302, "last_page_order": 305 }