Smith v. Directors of the Insane Asylum
New Mexico Supreme Court
Appeal from District Court, San Miguel Conffiy. David J. Leahy, Presiding- Judge. Proceeding suit against State of New Mexico. Art. 14 of Const., Sec. 1. Useless for court to render judgment against defendant. 34 S. E. Rep. 617; 52 Pac. Rep. 921; 38 S. E. Rep.. 131. Statute treats appellant as individual. Sec. 3615 C. L. 1897; 58 S. E. Rep. 752; 43 la. 140; 66 N. W. Rep. 234; 45 N. Y. Supp. 887; 23 N. E. Rep. 752; 29 Pac. Rep. 759. Action for damages for wrongful discharge.
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Appeal from District Court, San Miguel Conffiy. David J. Leahy, Presiding- Judge. Proceeding suit against State of New Mexico. Art. 14 of Const., Sec. 1. Useless for court to render judgment against defendant. 34 S. E. Rep. 617; 52 Pac. Rep. 921; 38 S. E. Rep.. 131. Statute treats appellant as individual. Sec. 3615 C. L. 1897; 58 S. E. Rep. 752; 43 la. 140; 66 N. W. Rep. 234; 45 N. Y. Supp. 887; 23 N. E. Rep. 752; 29 Pac. Rep. 759. Action for damages for wrongful discharge. Sutherland on Dam., Yol. 2, p. 472; 7 Wis. 355; 61 Mo. 534; 95 Eed. 296; 12 S. W. Rep. 975; 26 S. W. Rep. 1113; 24 Ala.…
1Opinion of the Court
OPINION.
ROBERTS, C. J.
The New M'exico Insane Asylum was created by the act appearing as Chapter 138 of the Laws of 1889, compiled as Sections 3606, et seq., C. L. 1897. Its management is vested in a board consisting of five members (Sec. 3608)', who hold office for a period of five years, the term of one member expiring every year (Secs. 3610, 3572.) The board is declared to “constitute a body corporate” with the right of “suing and being sued,”' “contracting and being contracted with” (Sec. 3610). Sec.. 3611 provides for the election of a president and other officers of said board. By Sec.…
2Cases cited8 opinions
- Brine v. Insurance Co.Supreme Court of the United States · 1878
- Gillan v. Board of Regents of Normal SchoolsWisconsin Supreme Court · 1894
- O'Kelly v. . WilliamsSupreme Court of North Carolina · 1881
- Ewin v. Independent School District No. 8Idaho Supreme Court · 1904
- Ward v. Board of Regents of Kansas State Agricultural CollegeCourt of Appeals for the Eighth Circuit · 1905
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3Cited by4 opinions
- Knudson v. FenimoreSupreme Court of Oklahoma · 1916
- Jones v. Board of School Directors of Independent School Dist. No. 22New Mexico Supreme Court · 1951
- Cobb v. Howard UniversityCourt of Appeals for the D.C. Circuit · 1939
- Feldman v. Regents of the University of New MexicoNew Mexico Court of Appeals · 1975