Legal Opinion

Mann v. Gordon

New Mexico Supreme Court

Decided August 30, 1910No. 1270PublishedCited by 8 opinions

_ Appeal from the District Court for the County of Bernalillo, before Ira A. Abbott, Associate Justice. ■ Suit should have been brought within one year from the time such action accrued. C. L. 1897, sec. 3311; Ware v. Howley, 37 N. W. 789, 68 Iowa 633. Counterclaims.

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_ Appeal from the District Court for the County of Bernalillo, before Ira A. Abbott, Associate Justice. ■ Suit should have been brought within one year from the time such action accrued. C. L. 1897, sec. 3311; Ware v. Howley, 37 N. W. 789, 68 Iowa 633. Counterclaims. Code, sub-sécs. 40, 41; Cí L. 1897, secs. 3980, 3983, 3937; Eolsom v. Winch, 19 N. W. 305, 63 Iowa 479; Allen v. Maddox, 40 Iowa 134; Eeld v. Coleman, 73 Miss. 545; Waring v. Hill, 89 Ind. 497; 30 Cyc. 946; Elias v. Gill, 18 S. W. 454, 93 Ky. 569; Dunn v. Bell, 4 S. W. 41; Zielly v. Warren, 17 Johnson, N. Y., 335; Johnson v.…

1Opinion of the Court

OPINION OF THE COURT.

MECHEM, J.

The appellant assigns eleven grounds of error, but in his brief and upon the oral argument abandoned all but three. Of these, only two are necessary to a determination of the case.

1. It is insisted that the court erred in sustaining appellee’s demurrer to the counterclaim set up in the answer.

Section 3211 of the Compiled Laws of 1897 provides that any suit brought under the act to restrain gaming shall be commenced within one year from the time such action accrued and not afterwards.

Section 2927 of the Compiled Laws, which was section 14. of the Act of 1880,…

2Cited by8 opinions

  1. Francis v. MauldinSupreme Court of South Carolina · 1949
  2. Leavell v. Town of TexicoNew Mexico Supreme Court · 1957
  3. Noriega v. City of AlbuquerqueNew Mexico Court of Appeals · 1974
  4. Wolford v. MartinezNew Mexico Supreme Court · 1923
  5. Francis v. MauldinSupreme Court of South Carolina · 1949

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