Cook v. City of Socorro
New Mexico Supreme Court
Appeal from District Court, Socorro County, Mecliem, Judge. Action for injunction by George E. Cook against the City of Socorro, James G. Fitch, and others, in which only defendants James G. Fitch and J. C. Mayer appeared and answered, with counterclaim. Judgment 'dismissing the suit and awarding the relief prayed for in their counterclaim, and plaintiff appeals. As city acquired its powers from act 1880, S. 1, C. 39, L. 1884 had no application to it.
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Appeal from District Court, Socorro County, Mecliem, Judge. Action for injunction by George E. Cook against the City of Socorro, James G. Fitch, and others, in which only defendants James G. Fitch and J. C. Mayer appeared and answered, with counterclaim. Judgment 'dismissing the suit and awarding the relief prayed for in their counterclaim, and plaintiff appeals. As city acquired its powers from act 1880, S. 1, C. 39, L. 1884 had no application to it. Socorro Co, v. Levitt, 4. N. M. 37, 12 Pac. 759; Sec. 1707 Cl L. 1884; Terr, ex rel. Parker v. Mayor, 12 N. M. 177; See. 1692 C. L. 1884.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
(after stating the facts as above).
[1] The first proposition advanced by appellant upon which he relies for a reversal of the judgment of the court below is that the city of Socorro, on April 1, 1887, the date when the bonds in question were issued, acquired all of its power and authority to issue the municipal waterworks bonds under chapter 1 of the Laws of 1880, and that chapter 39 of the Laws of 1884 had no application to the city of Socorro, and that said city did not derive any authority from said act to issue the bonds in question. This argument is based…
2Cases cited7 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Brooklyn v. Insurance Co.Supreme Court of the United States · 1879
- Flagg v. Mayor of PalmyraSupreme Court of Missouri · 1863
- Empire v. DarlingtonSupreme Court of the United States · 1880
- City of Quincy v. WarfieldIllinois Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re CHICAGO, ROCK ISLAND & P. RY. CO.New Mexico Supreme Court · 1925