Locke v. Trustees of New Mexico Reform School
New Mexico Supreme Court
Appeal from District Court, Colfax County; T. D. Leib, Judge. Ejectment by S'eon Locke against the Trustees of New Mexico Reform School. Demurrer to plea in abatement sustained, and judgment for plaintiff, and defendant appeals. The trustees of the reform school being merely agency of the State this suit is one against the State, without its consent.
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Appeal from District Court, Colfax County; T. D. Leib, Judge. Ejectment by S'eon Locke against the Trustees of New Mexico Reform School. Demurrer to plea in abatement sustained, and judgment for plaintiff, and defendant appeals. The trustees of the reform school being merely agency of the State this suit is one against the State, without its consent. Regents v. Williams, 9 G. and J. 233; Board of Trustees v. Supervisors- 76 111. 187; Trustees v. Winston 5 Stew, and Port. 2,4-5; Srfcate v. R. R. Co., 51 Miss. 368; Regents v. Hart, 7 Minn. 48; Head v. Curators, 47 Mo. 244; State ex rel v.…
1Opinion of the Court
OPINION OP THE COURT.
EOBEETS, J.
This was an action in ejectment instituted in the lower court by appellee against appellant to recover a lot in the village of Springer, Colfax county, N. M. The complaint was substantially in statutory form.
!By section 5109, Code 1915, the trustees of'the New Mexico Eeform School were made a body corporate, with the right as such of suing and being sued; also certain other powers were conferred upon such corporate body. The trustees were to be appointed by the Governor of the state, with the advice and consent of the senate, and such corporate entity was…
Also in this document: Concurrence.
2Cases cited6 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. LeeSupreme Court of the United States · 1882
- Hopkins v. Clemson Agricultural College of South CarolinaSupreme Court of the United States · 1911
- Tindal v. WesleySupreme Court of the United States · 1897
- Polack v. MansfieldCalifornia Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sangre De Cristo Development Corp. v. City of Santa FeNew Mexico Supreme Court · 1972
- State v. LockeNew Mexico Supreme Court · 1923
- Dougherty v. VidalNew Mexico Supreme Court · 1933
- Vigil v. Penitentiary of New MexicoNew Mexico Supreme Court · 1948
- Iowa Electric Co. v. State Board of ControlSupreme Court of Iowa · 1936
6 more not listed; retrieve them via the Exa API.