Board of Education v. Astler
New Mexico Supreme Court
Appeal from District Court, Santa Fé° County; E. C. Abbott, Judge. Action by the Board of Education of the City of Santa Eé, a corporation, against Ida Astler. From a judgment for plaintiff, defendant appeals. Appellant was entitled to 30 days’ notice to vacate. C. 32, L. 1901; sec. 3347, C. L. 1897. Municipal boards must act formally, not informally. 28 Cyc. 318-319. Corporations, private and municipal, have only such powers as are granted to them.
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Appeal from District Court, Santa Fé° County; E. C. Abbott, Judge. Action by the Board of Education of the City of Santa Eé, a corporation, against Ida Astler. From a judgment for plaintiff, defendant appeals. Appellant was entitled to 30 days’ notice to vacate. C. 32, L. 1901; sec. 3347, C. L. 1897. Municipal boards must act formally, not informally. 28 Cyc. 318-319. Corporations, private and municipal, have only such powers as are granted to them. Sec. 1564, C. L. 1897. Actions by municipal corporations must be brought in the corporate name. 1 Dill. Mun. Corps., sec. 351; 28 Cyc. 1761. The…
1Opinion of the Court
OPINION BY THE COURT.
MECHEM, District Judge.
[1] The appellant objects that she was not given the 30 days’ notice to which by statute (Laws 190Í, e. 32) she was entitled. Appellant answered in the justice of the peace court by a written pleading in which this defense is not alluded to. In the district court, in addition to the written answer in the record, appellant filed a pleading named by her attorneys a “plea,” in which this defense is not set out. While it is true, as contended by appellant’s counsel, pleadings are not required in the justice of the peace court to be in writing (section…
2Cases cited6 opinions
- Lucas v. BrooksSupreme Court of the United States · 1873
- Johnson v. Acme Harvesting MacH. Co.Supreme Court of Oklahoma · 1909
- Vincent v. DefieldMichigan Supreme Court · 1893
- Wolfer v. HurstOregon Supreme Court · 1905
- Royal Fraternal Union v. CrosierSupreme Court of Kansas · 1904
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3Cited by6 opinions
- Butler Paper Co. v. SydneyNew Mexico Supreme Court · 1943
- State Ex Rel. Heron v. District Court of First Judicial Dist.New Mexico Supreme Court · 1942
- Flannagan v. DickersonSupreme Court of Oklahoma · 1924
- Heron v. SmithNew Mexico Supreme Court · 1965
- Anthony Doll & Co. v. HoganNew Mexico Supreme Court · 1936
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