Legal Opinion

City of Socorro v. Cook

New Mexico Supreme Court

Decided May 6, 1918No. 2107PublishedCited by 19 opinions

Appeal from District Court, Socorro County; .Mech-em, Judge. Action for injunction by the City of Socorro against George E. Cook. From judgment perpetuating an injunction, defendant appeals. It has often been held that the decisions rendered by an officer or a board of state or municipal officers, when acting judicially, has the force and effect of a judgment.

Read the full summary

Appeal from District Court, Socorro County; .Mech-em, Judge. Action for injunction by the City of Socorro against George E. Cook. From judgment perpetuating an injunction, defendant appeals. It has often been held that the decisions rendered by an officer or a board of state or municipal officers, when acting judicially, has the force and effect of a judgment. Amy v. May, 42 Pac. 1121; 23 Cyc. 1115; Sanders v. Whitesides, 10 Cal. 88; State v. Houston (Nebr.) 142 N. W. 796; Conn. & P. R. Co. v. Bailey, 24 Yt. 465; Hibben v. Smith, 62 N. E., 447; Smelting Co. v. Kemp, 104 U. S., 636 (640) ; 23…

1Opinion of the Court

OPINION OP THE COURT.

BOBEBTS,’ J.

This is an appeal from the judgment of the district court of Socorro county perpetuating an injunction restraining the appellant, George E. Cook, from fencing a certain lot or tract of land claimed by him under a chain of title reaching back, to the city of Socorro itself, the appellee in this cause.

In 1892 the court of private land claims, at a session held in the city of Santa Fe, entered a decree confirming to the city of Socorro and one Candelario Garcia, in trust for the benefit of said city and the inhabitants thereof, four square Spanish leagues of…

2Cases cited12 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Maxwell Land-Grant CaseSupreme Court of the United States · 1887
  3. Polk's Lessee v. WendalSupreme Court of the United States · 1815
  4. Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
  5. United States v. WildcatSupreme Court of the United States · 1917

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State Ex Rel. Hovey Concrete Products Co. v. MechemNew Mexico Supreme Court · 1957
  2. Peterson Properties, Del Rio Plaza Shopping Center v. Valencia County Valuation Protests BoardNew Mexico Court of Appeals · 1976
  3. Board of Trustees of Town of Las Vegas v. MontanoNew Mexico Supreme Court · 1971
  4. Oliver v. Bd. of Trsts. of Town of AlamogordoNew Mexico Supreme Court · 1931
  5. State Ex Rel. Reynolds v. Rio Rancho Estates, Inc.New Mexico Supreme Court · 1981

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API