City of Roswell v. Bateman
New Mexico Supreme Court
Appeal from District Court, Chaves County; John T. McClure, Judge. Action by the City of Roswell against IT. S. Bateman. From judgment for plaintiff, defendant appeals. The 'word “may,” as used in section 2892, C. L. 1897, means “must” or “shall.” In re McCort, 3-4 Pac. (Kan.) 456. The assessment being levied by the front foot rather than for benefits received, is in contravention of the fourteenth amendment of the Constitution of the United States.
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Appeal from District Court, Chaves County; John T. McClure, Judge. Action by the City of Roswell against IT. S. Bateman. From judgment for plaintiff, defendant appeals. The 'word “may,” as used in section 2892, C. L. 1897, means “must” or “shall.” In re McCort, 3-4 Pac. (Kan.) 456. The assessment being levied by the front foot rather than for benefits received, is in contravention of the fourteenth amendment of the Constitution of the United States. Norwood v. Baker, 172 U. S. 269; McCormack v. Patch-in, 53 Mr. 33; 1 Abb. Mun. Corps. 806; 28 Cyc. 1102; State v. Mayor, 5 Atl. (N. J.) 896;…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, 'C. J.
— Sections 1 and 2 of chapter 116, S. L. 1903, reads as fallows:
“Section 1. That whenever the city council of any city in the territory of New Mexico shall determine that the streets within its limits, or certain streets, or parts of streets, shall be watered in whole or in part at the expense of the owners of property abutting on such streets or parts thereof, such city council shall estimate and determine the expense of watering such streets or portions of streets, and the proportion of such expense to be borne by such owners of abutting property, and the…
2Cases cited37 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Norwood v. BakerSupreme Court of the United States · 1898
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Spencer v. MerchantSupreme Court of the United States · 1888
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3Cited by15 opinions
- State Ex Rel. Lebeck v. ChavezNew Mexico Supreme Court · 1941
- Wiggs v. City of AlbuquerqueNew Mexico Supreme Court · 1953
- State v. District Court of McKinley CountyNew Mexico Supreme Court · 1937
- Dugger v. City of Santa FeNew Mexico Court of Appeals · 1992
- Altman v. KilburnNew Mexico Supreme Court · 1941
10 more not listed; retrieve them via the Exa API.