Saiz Ex Rel. Waite v. City of Albuquerque

I respectfully dissent.

The City of Albuquerque relied upon §§ 64-25-8 and 9, N.M.S.A. 1953 (Repl. Vol. 9, pt. 2) to dismiss plaintiffs’ complaint because the City was immune from suit. On this basis, the trial court dismissed the complaint against the City with prejudice.

Section 64-25-9 is unconstitutional. The title of the Act, Laws 1941, ch. 192, reads as follows:

An Act Authorizing the State Board of Finance to Direct the Purchase of Ptiblic Liability and Property Damage Insurance Upon All Cars Owned and Operated by the State of New Mexico

The title only authorized the purchase of insurance…