18 N.M. 331 | N.M. | 1913
OPINION OF THE COURT.
These cases both arise out of judgments for violations of an ordinance of the City of Tucumcari. The first case is a judgment for violation of section 6 of Ordinance No. 47, which prohibits wooden buildings within certain prescribed fire limits of the city, and the second case is a judgment for the violation of section 18 of the ordinance, which prohibits the keeping and maintaining of such buildings within such fire limits, each day they .are so kept or maintained constituting a separate offense.
Appellant assigned numerous errors in each case, but the record not having been properly preserved, they are not here for review. An additional brief was filed which presents some questions arising upon the record proper, which will be considered.
In both cases the appellant is styled D. A. Belmore Jr., in the complaint. In No. 1553, the verdict follows the complaint in this regard, but the judgment omits the suffix “Jr.” from the name. In No. 1554, both the verdict and the judgment omit the suffix.
The appellant complains, not that he was not charged, tried and adjudged to pay a fine, hut he complains that the judgment in one case, and the verdict and judgment in the other, failed to follow the complaint, and to style him. as ‘Jr.” There is no intimation in the record that there is another Belmore to whom the judgment could apply.
The conclusion reached in the preceding paragraph is based upon the theory that the proceedings against the defendant are civil and not criminal proceedings. Whether we might .not modify the judgments, even were the proceedings criminal, we -do not decide as it is not involved.
For the same reason we cannot consider the question raised by appellant to the effect that the ordinance does not provide for the collection of costs and that, therefore, the judgment must be unwarranted in so far as the costs are concerned.
For the reasons stated, the judgment below will be modified so as to exclude therefrom numbers 530, 531 and 553, and as modified they will be affirmed, and it is so ordered.