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83 result(s)
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26.
In re Atchison - 1936-NMSC-065 - 41 N.M. 9 - 12/07/1936
Supreme Court of New Mexico - Reported Opinions§ 141-1001, we said: "Chapter 140 passed at the same session (1921) is the limitation act in question, now appearing in Comp. [...] in Santa Fe Water & Light Co. v. Santa Fe County, 29 N.M. 538, 224 P. 402, as expressed in the syllabus prepared {*15} by the court, we held: "The limitation against the payment of unpaid debts provided by the Bateman Act (sections 1227-1233, Code 1915) applies to debts created for necessities such as water and lights [...] Atchison, T. & S. F. R. Co. v. Territory, 11 N.M. 669, 72 P. 14.
cited by 16 documents -
27.
Rosette, Inc. v. U.S. Dep't of Interior - 2007-NMCA-136 - 142 N.M. 717 - 01/05/2007
Court of Appeals of New Mexico - Reported Opinions{49} To support this assertion, Rosette relies on Section 1021 of the Geothermal Steam Act. 30 U.S.C. § 1021 states: "Nothing in this chapter shall constitute an express or implied claim or denial on the part of the Federal Government as to its exemption from State water laws." [...] In such case, the use is not governed by laws related to geothermal resources, but is simply governed by the water code. [...] The State Engineer persuades us that neither our state water code nor case law entitle Rosette to water of a certain temperature.
cited by 40 documents -
28.
Fellows v. Shultz - 1970-NMSC-071 - 81 N.M. 496 - 05/04/1970
Supreme Court of New Mexico - Reported OpinionsComm'n v. Zinn, 72 N.M. 29, 380 P.2d 182 (1963); Harris v. State Corp. [...] I of the {*502} Georgia Constitution (Code Ann. § 2-1301), and void when passed, and being void at that time, no subsequent amendment of the Constitution granting authority to the General Assembly to delegate to a municipality such legislative powers could give it vitality. [...] It follows, therefore, that Chapter 39 remains as void today as it was on the day of its enactment."
cited by 85 documents -
29.
State ex rel. Murphy v. Morley - 1957-NMSC-087 - 63 N.M. 267 - 10/17/1957
Supreme Court of New Mexico - Reported OpinionsAuthority to refuse a permit for showing film of such character as to be prejudicial to the best interests of the people is also unconstitutional for that reason (Gelling v. State of Texas, 1952, 343 U.S. 960, 72 S. Ct. 1002, 96 L. Ed. 1359. [...] The California Act, No. 3634, enacted in 1913 (see Henning's General Laws of California, Vol. 5) West's Ann. Cal. Pen. Code, 11225 a seq., is an example. [...] In other words, chapter 90, Laws of 1921, was intended as "Red light abatement laws" similar to those of California and other states.
cited by 86 documents -
30.
Snow v. Abalos - 1914-NMSC-022 - 18 N.M. 681 - 04/20/1914
Supreme Court of New Mexico - Reported Opinions1. Chapter 1, S. L. 1895, "An act in regard to community ditches and acequias," was purely administrative, and while section 1 of said act makes community acequias corporations, "for the purpose of this act," the legislature did not confer upon the organization thus created the power to acquire or hold title to water [...] Sec. 21, C. L. 1887; sec. 13, C. L. 1897; sec. 36, C. L. 1897; sec. 14, C. L. 1897; 11 A. & E. Pleading & Practice; Bliss v. Rice, 17 Pick. 23; Webster v. Vanderventer, 6 Gray, 429; Stinson v. Fernall, 77 Me. 576; Nevada Ditch Co. v. Bennett, 30 Ore. 59; Hargrave v. Cook, 108 Cal. 72; Pomeroy on Code Remedy, sec. [...] It was the evident design of the legislature, by chapter 49, S. L. 1907, to have adjudicated and settled by judicial decree all water rights in the State, to have determined the amount of water to which each water user was entitled, so that the {*700} distribution of water could be facilitated, and the unappropriated water
cited by 105 documents -
31.
In re Proposed Middle Rio Grande Conservancy Dist. - 1925-NMSC-058 - 31 N.M. 188 - 12/12/1925
Supreme Court of New Mexico - Reported Opinions{17} The Colorado Conservancy Act was construed in the case of People v. Lee, 72 Colo. 598, 213 P. 583, decided by the Supreme Court of Colorado in 1923. [...] "All existing rights to the use of any waters in this state for any useful or beneficial purpose are hereby recognized and confirmed." [...] In fact, chapters 41 and 20 of the Session Laws of 1919 dealing with irrigation districts were recognized by chapter 107, Session Laws of 1923, approved the same day as the Conservancy Act; both of these acts becoming effective at the same time.
cited by 92 documents -
32.
Adobe Whitewater Club v. State Game Comm’n - 2022-NMSC-020 - 09/01/2022
Supreme Court of New Mexico - Reported Opinionsand NEW MEXICO CHAPTER OF BACKCOUNTRY HUNTERS & ANGLERS, a non-profit organization, [...] {13} In 1907, the Territorial Legislature enacted the Water Code that declared, “All natural waters flowing in streams and watercourses, whether such be perennial, or torrential, within the limits of the state of New Mexico, belong to the public and are subject to appropriation for beneficial use.” NMSA 1978, § 72-1-1 [...] See Utah Code Ann. § 73-29-102 (2010).
cited by 5 documents -
33.
In re Dexter-Greenfield Drainage Dist. - 1915-NMSC-097 - 21 N.M. 286 - 12/31/1915
Supreme Court of New Mexico - Reported OpinionsChapter 84, L. 1912, contravenes sec. 16, art. 4, State Const., in that it embraces within itself two separate and distinct subjects. [...] See specifically on this point section 36 of the act, section 1912, Code 1915. [...] For instance, at that time we had a provision for the organization of irrigation districts as provided by chapter 140, Laws 1909, and chapter 109, Laws 1909, section 2949 et seq., Code 1915.
cited by 92 documents -
34.
Albuquerque v. Middle Rio Grande Conservancy Dist. - 1941-NMSC-021 - 45 N.M. 313 - 05/16/1941
Supreme Court of New Mexico - Reported OpinionsSection 90-1402 provides: "The special tax levy herein provided for shall not be subject to any limitations of chapter 17 of the laws of 1919, or of chapter 74 of the laws of 1915, or any other tax limitations except constitutional limitations." [...] Arroyo Ditch & Water Co. v. Superior Court of Los Angeles County, 92 Cal. 47, 28 P. 54, 55, 27 Am.St.Rep. 91, will illustrate my point even if it does so somewhat conversely. [...] It was held that the term "assessment" does not include installments of "calls" made by a private corporation on its stockholders under Code Civil Proc.Cal., § 838.
cited by 76 documents -
35.
Chatterjee v. King - 2011-NMCA-012 - 149 N.M. 625 - 12/01/2010
Court of Appeals of New Mexico - Reported OpinionsAlbuquerque Bernalillo County Water Util. Auth., 2010-NMSC-013, ¶ 52. [...] Rev. Code. § 26.10.160(3) (2004), unconstitutionally infringed on the fundamental right “as applied to [the respondent] in [that] case.” Troxel, 530 U.S. at 67 (emphasis added). [...] {52} Sections 40-4-1 to -20 are codified by the Compilation Commission in Chapter 40, Article 4.
cited by 24 documents -
36.
Millar v. N.M. Dep't of Workforce Solutions - 2013-NMCA-055 - 01/31/2013
Court of Appeals of New Mexico - Reported Opinions{12} As an initial matter, the Codes of Federal Regulation are federal law and, if relevant, may properly be considered by the district court. [...] Dunn, 474 F. Supp. at 271-72. The plaintiffs alleged that New York’s failure to provide prompt hearings of unemployment compensation appeals deprived them of their Fourteenth Amendment due process rights to receive prompt payment of unemployment compensation under the “when due” provision of 20 C.F.R. § 503(a)(1). [...] {22} We also reject the district court’s and Millar’s reliance on Waters-Haskins as inapplicable to the facts of this case.
cited by 14 documents -
37.
Albuquerque Land & Irrigation Co. v. Gutierrez - 1900-NMSC-017 - 10 N.M. 177 - 05/03/1900
Supreme Court of New Mexico - Reported OpinionsC. L. 1897, Sec. 2685, Sub-Sec. 67; Phillips on Code Pleading, Sec. 280 et seq. [...] Windsor v. McVeigh, 93 U.S. 277; Hovey v. Elliott, 167 U.S. 409; Phillips on Code Pleading, Sec. 458; Bliss on Code Pleading, Secs. 79-81; Story's Equity Pleading, Sec. 120. [...] See Revised Code of New Mexico, page 86. This accounts for the mistake; reference was evidently had to that code instead of the Session Act.
cited by 102 documents -
38.
Shipley v. Smith - 1940-NMSC-074 - 45 N.M. 23 - 11/13/1940
Supreme Court of New Mexico - Reported Opinions{8} We find this argument to be supported by the decision of the Supreme Court of Wisconsin in Re Cole's Estate, 102 Wis. 1, 78 N.W. 402, 72 Am.St.Rep. 854. [...] In re Cole's Estate, 102 Wis. 1, 78 N.W. 402, 404, 72 Am.St.Rep. 854. [...] It is argued by appellants that, if the action taken by the council is void, it leaves city officials still liable for water used, leaves the city free to enforce the liability, and leaves appellee free to compel such enforcement by mandamus.
cited by 42 documents -
39.
State ex rel. Attorney Gen. v. State Tax Comm'n - 1936-NMSC-029 - 40 N.M. 299 - 05/23/1936
Supreme Court of New Mexico - Reported Opinionsand specifically under the provisions of the general tax code designated as section 141-502 et seq., or whether such equipment under the terms and provisions of Chapter 83 of the Laws of 1925 known as the Production Tax Act are included for taxation purposes in the production or output of such wells, and taxed therewith." [...] (7) Measuring and receiving tanks used in the immediate vicinity of the wells for the purpose of the temporary storage of oil and its measurement preliminary to its discharge into the pipe lines and for the purpose of separating the water from the oil, which said tanks are of approximately five hundred barrel (500 Bbl.) [...] We call attention to the opinion of this court in Flynn, Welch & Yates, Inc., v. State Tax Commission, 38 N.M. 131, 28 P.2d 889, wherein the so-called Severance Tax Law (chapter 72, N.M. Session Laws 1933) was construed, and held to be an excise tax.
cited by 54 documents -
40.
Citizen Action v. Sandia Corporation - 2008-NMCA-031 - 143 N.M. 620 - 12/19/2007
Court of Appeals of New Mexico - Reported OpinionsSee Morningstar Water Users Ass’n v. N.M. Pub. Util. Comm’n, 120 N.M. 579, 583, 904 P.2d 28, 32 (1995). [...] See Rio Grande Chapter of the Sierra Club, 2003-NMSC-005, ¶17. [...] The hearing officer concluded in finding 72 that the volatile organics “pose [an] insignificant risk to human health.”
cited by 25 documents -
41.
State v. Reed - 1934-NMSC-085 - 39 N.M. 44 - 11/21/1934
Supreme Court of New Mexico - Reported Opinions{37} Shortly after dark on February 14, 1933, Lee Marshall, an old man, alone on a ranch forty miles from Tucumcari in Quay county, opened the door of his dugout for the purpose of throwing out dish water. [...] If this language refers to chapter 145, Laws 1925, it is inaccurate because that chapter did not relate solely to forms of indictment and information, but, as its title and the body of the act shows, it relates to "Procedure in Criminal Cases." [...] {72} This view confirms mine that the proviso added in 1929 to section 9, chapter 145, Laws 1925, while specifically giving the jury the power to find the defendant guilty of a necessarily included offense, it may be fairly said that the legislative intention was to give the jury power also to find the defendant guilty of
cited by 82 documents -
42.
White v. Board of Educ. - 1938-NMSC-009 - 42 N.M. 94 - 01/24/1938
Supreme Court of New Mexico - Reported OpinionsAs previously mentioned, the bond election was called and conducted under the provisions of article 7 of chapter 120, Comp. 1929. [...] One ground of the demurrer is that plaintiff's action is barred by sections 120-711 and 120-712 of the School Code. [...] They appear as integral parts of the School Code governing the issuance of bonds by school districts.
cited by 133 documents -
43.
Dugan v. Montoya - 1918-NMSC-035 - 24 N.M. 102 - 02/16/1918
Supreme Court of New Mexico - Reported OpinionsThe action was brought under the provisions of section 5516, Code 1915. [...] Said way is granted to said railroad to the extent of one hundred feet in width on each side of said railroad where it may pass through the public domain, including all necessary grounds for station building, workshops, depots, machine shops, switches, side tracks, turntables, and water stations; and the right of way shall [...] Section 2388 of chapter 8 of the Revised Statutes of the United States, which is to be found in 6 F. Stats.
cited by 40 documents -
44.
Begay v. Livingston - 1981-NMCA-132 - 99 N.M. 359 - 11/12/1981
Court of Appeals of New Mexico - Reported Opinions{72} For purposes of determining whether a genuine issue of material fact exists within the meaning of § 402A, we believe it important to resolve the matter for purposes of trial. [...] With but few exceptions, the Instructions of Chapter 14 on "Products Liability" are couched in terms of "ordinary care." [...] It is manifest from the instruction in that chapter that "products liability" is not automatically synonymous with "strict liability" in New Mexico.
cited by 45 documents -
45.
In re Estate of Kelly - 1983-NMCA-018 - 99 N.M. 482 - 02/03/1983
Court of Appeals of New Mexico - Reported OpinionsMy home place & water rights My cattle & permit My car & pickup & horse trailer & horse [...] In re Akin's Estate, 41 N.M. 566, 72 P.2d 21 (1937). [...] {17} Tracing the history of § 45-2-502(B), supra, it is apparent that the wording of the statute is substantially unchanged from the language adopted by Laws 1889, Chapter 90, Section 2 (§ 30-1-6, supra).
cited by 48 documents -
46.
Valdez v. Gonzales - 1946-NMSC-044 - 50 N.M. 281 - 12/31/1946
Supreme Court of New Mexico - Reported OpinionsL. Rev. 184; Green, judge and jury, chapter Deceit, p. 280; 16 Va. Law Rev. 749. [...] Pom. Code Rem. (5th Ed.) Sec. 77. {33} But I need not resort to that rule. [...] During the experiment the teacher poured some of the water from the mislabeled bottle on sodium metal which is highly explosive when combined with water, with the result that he received severe burns and the loss of an eye.
cited by 89 documents -
47.
State ex rel. Clark v. Johnson - 1995-NMSC-048 - 120 N.M. 562 - 07/13/1995
Supreme Court of New Mexico - Reported Opinions{27} It is true, as the Governor has asserted, that the statutory definition of a "lottery" in Article 19, Section 30 of the Criminal Code is extremely broad. [...] However, Section 30-19-6(D) states that "nothing" in Article 19, Chapter 30 of the Criminal Code applies to any "lottery" operated by tax exempt organizations. [...] In addition, the exception to hold a lottery for charitable purposes would in no way exempt the organization involved from other prohibitions against {*572} gambling in the Criminal Code.
cited by 232 documents -
48.
Village of Angel Fire v. Wheeler - 2003-NMCA-041 - 133 N.M. 421 - 01/02/2003
Court of Appeals of New Mexico - Reported OpinionsThe Village states, and Appellants-Respondents (hereinafter "Land Owners") do not dispute, that the Village was endeavoring to improve the sewer system in response to concerns about potential ground water contamination along the State Highway 434 corridor into the Village. [...] Long v. Council of the Vill. of Cardington, 92 Ohio St. 3d 54, 748 N.E.2d 58, 61 (Ohio 2001); see also Ohio Rev. Code Ann. §§ 121.22 (2002), 149.43 (2002). [...] The New Mexico Administrative Code defines the minutes of meetings as follows:
cited by 35 documents -
49.
Reagan v. McGee Drilling Corp. - 1997-NMCA-014 - 123 N.M. 68 - 01/16/1997
Court of Appeals of New Mexico - Reported OpinionsA. Any agreement, covenant or promise contained in, collateral to or affecting any agreement pertaining to any well for oil, gas or water, or mine for any mineral, which purports to indemnify the indemnitee against loss or liability for damages, for: [...] & Rem. Code Ann. §§ 127.001 to 127.008 (Vernon 1986), which declares certain indemnity agreements "void," § 127.003, and "against public policy," § 127.002. [...] {13} {*72} Behind New Mexico's anti-indemnity statutes lies a policy of promoting safety by making sure responsible parties compensate plaintiffs injured in oilfields.
cited by 41 documents -
50.
State ex rel. Stratton v. Roswell Indep. Sch. - 1991-NMCA-013 - 111 N.M. 495 - 01/31/1991
Court of Appeals of New Mexico - Reported OpinionsSignificantly, in 1977 N.M. Laws, chapter 336, the legislature amended Sections 2-1-3 and -4 without any change to the phrase "employee of the state." [...] Yet that statute was codified in the 1941 compilation (as Section 5-1104), recodified in the 1953 compilation (as Section 73-12-4), and explicitly repealed by 1967 N.M. Laws, chapter 16, Section 301. [...] See Saint v. Allen, 169 La. at 1067, 126 So. at 555; Stolberg v. Caldwell, 175 Conn. at 601-604, 402 A.2d at 771-72 (considering contention that state colleges are not within one of the {*516} three branches of state government).
cited by 117 documents