Legal Opinion
Mitchell v. City of Roswell
New Mexico Supreme Court
Decided February 18, 1941No. 4575PublishedCited by 26 opinions
1Opinion of the Court
BRICE, Chief Justice.
This action was brought by appellants (plaintiffs below) under authority of Ch. 143, L.1935, known as the Declaratory Judgment Act, to have declared the rights of the parties regarding the subject matter of this suit. A demurrer to the complaint was sustained by the trial court and, the plaintiffs having refused to amend, judgment was entered dismissing the case. The question is whether the complaint states a cause of action.
The facts alleged are substantially as follows :
In the month of May, 1936, the plaintiff Joe Mitchell became the owner of certain real property in…
2Cases cited43 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Barbier v. ConnollySupreme Court of the United States · 1884
- Hadacheck v. SebastianSupreme Court of the United States · 1915
- Stone v. MississippiSupreme Court of the United States · 1880
- Thomas Cusack Co. v. City of ChicagoSupreme Court of the United States · 1917
38 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Board of County Com'rs, Lincoln County v. HarrisNew Mexico Supreme Court · 1961
- Garcia v. Village of TijerasNew Mexico Court of Appeals · 1988
- Alber Ex Rel. Alber v. NolleNew Mexico Court of Appeals · 1982
- Wylie Bros. Contracting Co. v. Albuquerque-Bernalillo County Air Quality Control BoardNew Mexico Court of Appeals · 1969
- Titus v. City of AlbuquerqueNew Mexico Court of Appeals · 2011
21 more not listed; retrieve them via the Exa API.