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83 result(s)
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51.
Bremen Mining & Milling Co. v. Bremen - 1905-NMSC-016 - 13 N.M. 111 - 02/25/1905
Supreme Court of New Mexico - Reported OpinionsChapter 51, Laws of 1889-9; Section 3938 Comp. Laws, 1897, and is in the following language: [...] All of the above provisions of the code are taken from the code provisions of the state of Missouri and are substantially identical, as to what the complaint shall contain, except, it is called a petition in the Missouri Code. [...] House v. Duncan, 50 Mo. 453; Goddard v. Williamson, 72 Mo. 131; Collins v. Glass, 46 Mo. App. 297.
cited by 97 documents -
52.
Monte Rico Milling & Mining Co. v. United States Fidelity & Guar. Co. - 1930-NMSC-121 - 35 N.M. 616 - 12/31/1930
Supreme Court of New Mexico - Reported OpinionsAlso on page 81 of 18 N.M. 72, 135 P. 553, 554: [...] See Standard Electric Time Co. v. Fidelity & Deposit Co. of Maryland, 191 N.C. 653, 132 S.E. 808, construing chapter 100, Public Laws N. C. 1923. [...] "But section 12 of chapter 75 of the Code, heretofore quoted, expressly provides that bonds given pursuant thereto, and the {*635} sureties thereon, shall be responsible to laborers or materialmen, or their assigns, for the full amount of their claims."
cited by 9 documents -
53.
Peyton v. Nord - 1968-NMSC-027 - 78 N.M. 717 - 02/26/1968
Supreme Court of New Mexico - Reported OpinionsRespondent argues that the juvenile code created a division of the district court. [...] We note particularly the statement of the court in In re Santillanes, supra, that "If Chapter 4, Laws 1917, * * * as amended by Chapter 87, Laws of 1921, undertakes to abrogate the jurisdiction of district courts reposed by that portion of Section 13 of Article VI of the Constitution, as follows: 'The district court shall [...] If this is true, we fail to see how the Juvenile Code of 1955 does anything different.
cited by 208 documents -
54.
Chischilly v. Gmac - 1980-NMCA-100 - 96 N.M. 264 - 07/10/1980
Court of Appeals of New Mexico - Reported OpinionsThe Little water Community is located in McKinley County in the State of New Mexico, on land owned by the United States and held in trust for the Navajo Indians. [...] Failing such agreement this act [this chapter] applies to transactions bearing an appropriate relation to this state. [...] It should be noted that the 1972 amendments to § 9-102 of the Uniform Commercial Code attempted to correct the ambiguity in the original Code by certain deletions.
cited by 5 documents -
55.
Ealy v. McGahen - 1933-NMSC-033 - 37 N.M. 246 - 04/05/1933
Supreme Court of New Mexico - Reported OpinionsIn Missouri, its Code of Civil Procedure, section 1101 of chapter 5, article 18, of the Revised Statutes of Missouri, 1929 (Mo. St. Ann. § 1101), provides for vacating judgments for irregularity, on motion, within three years. [...] Tidd's Practice (4th Am. Ed.) 512; Downing v. Still, 43 Mo. 309; Clowser v. Noland, 72 Mo. App. 217 at 217-219; Reed Bros. v. Nicholson, 93 Mo. App. 29 at 29-35. [...] Waters v. Hunter, 98 Mo. 386, 11 S.W. 756; Rankin v. Lawton, 17 Mo. App. 574; Halsey v. Meinrath, 54 Mo. App. 335; Hirsh v. Weisberger, 44 Mo. App. 506; Siewerd v. Farnen, 71 Md. 627, 18 A. 968.
cited by 16 documents -
56.
Aguilera v. Board of Educ. - 2005-NMCA-069 - 137 N.M. 642 - 04/05/2005
Court of Appeals of New Mexico - Reported OpinionsThe form is derived from State Board of Education Regulation No. 72 25, Certified School Instructor Contract, filed January 8, 1973; and State Board of Education Regulation No. 88-1, Certified (Licensed) School Instructor Contract, filed February 2, 1988, as set forth in the history at the end of 6.66.2.8 NMAC. The [...] The Act, with the limiting definition of "just cause" in relation to discharge is part of the Public School Code. [...] NMSA 1978 § 22-1-1 (2004) (stating NMSA 1978, Chapter 22, may be cited as the Public School Code).
cited by 28 documents -
57.
Lindauer Mercantile Co. v. Boyd - 1902-NMSC-021 - 11 N.M. 464 - 08/28/1902
Supreme Court of New Mexico - Reported OpinionsClementson v. Williams, 8 Cranch 72; Pillows v. Roberts, 13 How. 472; Leffingwell v. Warren, 17 U.S. Sup. Ct. 263; 67 U.S. (2 Black) 599; 13 Am. and Eng. Ency. of Law (1 Ed.), p. 692. [...] "Fifth: According to article 1392 of the Civil Code, 'A contract compels the parties so making it to comply with the conditions and terms entered into, and expressly specified therein, which in their nature conform with good faith, usage and the law.' [...] And in conformity with article 75, section 3 of the aforesaid Code of Civil Proceedings, I herewith enclose a copy of the document in which I base my suit, asking and praying your honor that inasmuch as Mr. Boyd resides in the hacienda of Carreta in the municipality of Janor, this district, you may set the time for the
cited by 51 documents -
58.
Albuquerque Bernalillo Co. Water Utility Authority v. NMPRC - 2010-NMSC-013 - 148 N.M. 21 - 03/19/2010
Supreme Court of New Mexico - Reported OpinionsALB. BERNALILLO CO. WATER UTILITY AUTHORITY V. NMPRC, 2010-NMSC-013, 148 N.M. 21, 229 P.3d 494 [...] ALBUQUERQUE BERNALILLO COUNTY WATER UTILITY AUTHORITY, Appellant, v. [...] {72} The following additional background is necessary to our resolution of this claim.
cited by 79 documents -
59.
In re Santillanes - 1943-NMSC-011 - 47 N.M. 140 - 04/13/1943
Supreme Court of New Mexico - Reported OpinionsFor a comprehensive discussion of this branch of equity jurisdiction, see Pomeroy, Equity Jurisprudence, 5th Ed., Chapter X, Section 1303 et seq. [...] Gen.Code, §§ 1639-23, 12223-2. In re Anteau, 67 Ohio App. 117, 36 N.E.2d 47, 48." [...] We do think, however, that the same reasons which moved this court in City of Albuquerque v. Water Supply Company and Ackerman v. Baird to apply the de facto doctrine, are present here.
cited by 121 documents -
60.
Apodaca v. AAA Gas Co. - 2003-NMCA-085 - 134 N.M. 77 - 03/11/2003
Court of Appeals of New Mexico - Reported OpinionsThe N.F.P.A. Fire Codes and Supplements . . . Additionally there were two New Mexico statutes in force adopting the N.F.P.A. Code and supplements. [...] ('74 Code, 7-27-1 A) (Ord. 22-1993). (emphasis added). We are not aware of any cases that determine whether the Albuquerque Fire Code applies to Plaintiffs as Defendants contend. [...] {72} The explosion occurred in July 1997, over three years before the scheduled trial date.
cited by 113 documents -
61.
Stearns-Roger Mfg. Co. v. Aztec Gold Mining & Milling Co. - 1908-NMSC-001 - 14 N.M. 300 - 01/13/1908
Supreme Court of New Mexico - Reported Opinions4 Allen 417, 419; Bennet v. Union Bank, 5 Humph. 612; Landfair v. Landfair, 18 Pick. 299, 304; 7 Wend. 348; Code of Civil Procedure, sec. 187; Chapter 51, Laws of 1899; sec. 2365, C. L. 1897; 1 Beach on Mod. Eq. Jur., sec. 446; 2 Sutherland on Stat. [...] People v. De la Guerra, 24 Cal. 77, 78; Lake Merced Water Co. v. Cowles, 31 Cal. 217; State v. Edwards, 19 Mo. 674; Banks v. Burnham, 61 Mo. 77; Armendariz v. Lerner, 40 Tex. 303; Baker v. Mygalt, 14 Ia. 131; Enix v. Miller, 54 Ia. 553; Bates v. G. W. Tel. Co., 35 Ill. App. 254; Gibson v. Buckner, 65 Ark. 86; Nat. Bank v. [...] Chick v. Willets, 2 Kan. 379; Lenox v. Reed, 12 Kan. Star 227, distinguished; Deering's Civil Code (Cal.) sec. 2927; Comp.
cited by 57 documents -
62.
Young v. Vail - 1924-NMSC-003 - 29 N.M. 324 - 01/07/1924
Supreme Court of New Mexico - Reported OpinionsWiltsie on Mortgages, Third Ed., Par. 8 Page 9; 27 Cyc. 1751; Cobb v. Duke, 72 Am. Dec. 157; Mahaska v. Bennett, 129 N.W. 838. [...] Our statute (chapter 46, Laws of 1917), authorizing cross-complaints, is as follows: [...] {43} The Mississippi case cited is Cobb v. Duke, 36 Miss. 60, 72 Am. Dec. 157, decided in 1858.
cited by 67 documents -
63.
State v. Sanchez - 1971-NMCA-065 - 82 N.M. 585 - 04/23/1971
Court of Appeals of New Mexico - Reported OpinionsPublic interest and the legislative policy of adopting criminal statutes, apart from the criminal code, are involved. [...] Chapter 98, Laws of 1915. {41} For a period of 54 years, no charges were filed and convictions appealed which required an interpretation of the statutes. [...] If motor vehicles can escape, then the legislature can add horses, bicycles, flowers, water hoses and lawn mowers.
cited by 48 documents -
64.
Cartwright v. Public Serv. Co. - 1958-NMSC-134 - 66 N.M. 64 - 12/12/1958
Supreme Court of New Mexico - Reported Opinions3. Are we entitled to apply the doctrine of Pueblo Rights, as known and recognized {*72} in California in the State of New Mexico? [...] See Treaty of Guadalupe Hidalgo, Code 1915, p. 21, and the Gadsen Treaty, Code 1915, p. 32." [...] The conditional decree is similar to the permit system in New Mexico under the 1907 water code.
cited by 81 documents -
65.
State ex rel. Sugg v. Toulouse Oliver - 2020-NMSC-002 - 12/19/2019
Supreme Court of New Mexico - Reported Opinions{2} The enactment of HB 407 accomplished a major overhaul of this state’s Election Code, NMSA 1978 §§ 1-1-1 to -26 (1969, as amended through 2019). [...] In this regard, the Legislature began by creating a new chapter of the Election Code, denominated as the Nonpartisan Judicial Retention Act, NMSA 1978, §§ 1-26-1 to -6 (2019). 2019 N.M. Laws, ch. 212, §§ 172 to -77. [...] {14} The constitutional waters become muddied, however, in situations where the terms of public officers are impliedly extended as a result of statutes which serve to defer the time of an election.
cited by 17 documents -
66.
White v. Mayo - 1926-NMSC-013 - 31 N.M. 366 - 04/30/1926
Supreme Court of New Mexico - Reported Opinions3. Code 1915, § 5893, does not authorize the widow of appropriate the husband's estate for maintenance of family without an allowance by the court. [...] Instead of claiming by inheritance the whole of the mother's interest in the alleged trust fund, it claims three-fourths thereof, under sections 1840 and 1842 of the Code. [...] "No lands required (acquired) under the provisions of this chapter shall in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor."
cited by 9 documents -
67.
Gilbert v. New Mexico Constr. Co. - 1935-NMSC-015 - 39 N.M. 216 - 02/26/1935
Supreme Court of New Mexico - Reported OpinionsHe declined to increase it until so ordered by the water superintendent. [...] Apparently such water company would also be exempt from liability to a householder who suffered a loss on account of failure of the company to supply water to extinguish the fire. [...] It seems to me that our Legislature endeavored to bring order out of this confusion by the enactment of chapter 67, Sess.
cited by 19 documents -
68.
Curtis v. Curtis - 1952-NMSC-082 - 56 N.M. 695 - 09/04/1952
Supreme Court of New Mexico - Reported OpinionsThis provision was taken from California and is identical with its statute, except the words "as defined by the title on trusts" appear at the end of the California provision. 2 Kerr's Cyc. Codes of Cal.1908, Sec. 158. [...] Cary et al. v. Cary, 159 Or. 578, 80 P.2d 886, 121 A.L.R. 1371, and Bennett v. Finnegan, et al., 72 N.J.Eq. 155, 65 A. 239. [...] It appears the 80-acre tract is chiefly valuable as a source of fresh water for the operation of the salt lease and that the property would be of little or no practical value to the plaintiff.
cited by 47 documents -
69.
Taos County Bd. of Educ. v. Sedillo - 1940-NMSC-026 - 44 N.M. 300 - 04/09/1940
Supreme Court of New Mexico - Reported OpinionsSuch is the effect of the language quoted last above from Board of Education v. Patton, supra, as related to these sections of the School Code. [...] See, also, Houston & G. N. Railroad Company v. Kuechler, Commissioner of General Land Office, 36 Tex. 382 and 400 (two opinions); Tarrant County Water Control Company & Imp. Dist. [...] "Finally, respondent invokes the provisions of section 9, chapter 142, Laws of 1915, as curative of all the defects pointed out in the complaint.
cited by 101 documents -
70.
Kaywal, Inc. v. Avangrid Renewables, Inc. - 2021-NMCA-037 - 11/25/2019
Court of Appeals of New Mexico - Reported Opinions1846 N.M. Laws, Practice at Law in Civil Suits, § 4 (Kearny Code); see Geck, 1859-NMSC-010, ¶¶ 6-7 (noting that the English version of the code mistakenly omitted the word “not” from the last phrase of this section). [...] Code Ann. § 22.001(a) (West 2019) (defining the current codification of trespass to try title as “the method of determining title to lands, tenements, or other real property”). [...] [10]We also note that, in a nuisance case involving environmental pollution, for instance, the property where a party’s nuisance-causing activity occurs (e.g., water contamination) may be in a different county than the county where the affected party is located.
cited by 12 documents -
71.
In re Trigg - 1942-NMSC-001 - 46 N.M. 96 - 01/02/1942
Supreme Court of New Mexico - Reported Opinions{8} Chapter 127, Laws 1927 provides: "At the session herein provided to be held on the third Monday of November annually the State Tax Commission shall determine and fix the actual valuations of the different classes of livestock and of the different classes of grazing lands for the ensuing year." [...] East Jersey Water Co. v. Roat, N.J.Sup., 45 A. 910; {*107} Same v. Sherman, Id.; Same v. Van Houten, Id. [...] "An owner of cut-over lands, assessed for taxation as timbered lands, is entitled to reduction of the assessment as for overvaluation known to be such, within Code 1906, § 4312."
cited by 13 documents -
72.
Elane Photography, LLC v. Willock - 2013-NMSC-040 - 08/22/2013
Supreme Court of New Mexico - Reported OpinionsIn Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez, ___ U.S. ___, ___, 130 S. Ct. 2971, 2980 (2010), students at Hastings College of the Law formed a chapter of the Christian Legal Society and sought formal recognition from the school. [...] They looked for authority in the Bible, Book of Exodus, Chapter 20, verses 4 and 5: “Thou shalt not make unto thee any graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth: thou shalt not bow down thyself to them, nor serve them.” Id. [...] Ann. 5/1-102(A) (2010); Iowa Code Ann. 216.7 (2007); Md. Code Ann., State Government 20-304 (2009); Nev. Rev. Stat.
cited by 262 documents -
73.
Albuquerque Commons P'ship v. City Council of Albuquerque - 2006-NMCA-143 - 140 N.M. 751 - 04/26/2006
Court of Appeals of New Mexico - Reported OpinionsCode § 14-16-1-5. {59} Section 14-16-2-24 of the Code governs the SU-3 Special Center Zone. [...] See Code § 14-16-4-1. Compare Code § 14-16-4-1(A)(3), which deals with zone map amendments, with Code § 14-16-4-1(A)(4), which deals with text amendments; compare Code § 14-16-4-1(C), which sets forth the procedures for hearings and decision for proposed zone map amendments, with Code § 14-16-4-1(D), which contains the [...] {72} ACP maintains that the City targeted ACP's property and thereby effected a downzone, requiring due process and a quasi-judicial hearing.
cited by 25 documents -
74.
State ex rel. Otto v. Field - 1925-NMSC-019 - 31 N.M. 120 - 07/02/1925
Supreme Court of New Mexico - Reported Opinions{72} By section 5201, the commissioner was prohibited from selling lands belonging to the state and known to contain deposits of coal. [...] Swendig v. Washington Water & Power Co., 265 U.S. 322, 44 S. Ct. 496, 68 L. Ed. 1036. [...] See chapter 134, Laws of 1917. That statute has not been challenged so far as we know.
cited by 112 documents -
75.
Southwest Research & Info. Ctr. v. N.M. Env't Dep't - 2014-NMCA-098 - 07/11/2014
Court of Appeals of New Mexico - Reported OpinionsProject v. N.M. Water Quality Control Comm’n, 2005-NMCA-139, ¶ 16, 138 N.M. 625, 124 P.3d 1164 (internal quotation marks and citation omitted). [...] Section 264.601 in Title 40 of the Code of Federal Regulations does not govern modification requests, which, as as discussed throughout this Opinion, are governed by 40 C.F.R. § 270.42. [...] {72} Appellants’ first through fourth management-practices points are not supported by the record.
cited by 13 documents