Legal Opinion · Concurrence

Kreigh v. State Bank of Alamogordo

New Mexico Supreme Court

Decided May 24, 1933No. 3633Published

1ConcurrenceWatson, Chief Justice

The sole question before us is whether Laws 1921, e. 133, § 455, is applicable under the here existing facts. No question of legislative power is involved. The Legislature was free to prescribe as it saw fit. Its will in the matter is expressed in section 478. As to the meaning of that section we are divided in opinion in an unusual and perhaps unfortunate degree.

I have not considered the language exceptionally difficult to construe. Section 455 is one of “the provisions of this act” (chapter 133).. Section 47S says that it “shall not affect or be applicable to taxes heretofore assessed, or…

2Cases cited3 opinions

  1. Crawford v. DillardNew Mexico Supreme Court · 1920
  2. Williams v. Van PeltNew Mexico Supreme Court · 1930
  3. American Nat. Ins. Co. v. BrownNew Mexico Supreme Court · 1927

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