Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. Lopez

New Mexico Supreme Court

Decided August 7, 1915No. 1775PublishedCited by 3 opinions

Appeal from District Court, Santa Fé County; Mechem, Judge. Suit by the Atchison, Topeka & Santa Fé Eailway Company against Celso Lopez, Treasurer and Collector of Taxes-. From a judgment for complainant, defendant appeals. The court erred in holding the bridge law unconstitutional. Secs. 1, 2 and 3, chapter 11, Laws 1899; sec. 1, c. 60, Laws of 1897 (sec. 867, C. L. 1897); Guthrie National Bank v. Guthrie, 173 IT.

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Appeal from District Court, Santa Fé County; Mechem, Judge. Suit by the Atchison, Topeka & Santa Fé Eailway Company against Celso Lopez, Treasurer and Collector of Taxes-. From a judgment for complainant, defendant appeals. The court erred in holding the bridge law unconstitutional. Secs. 1, 2 and 3, chapter 11, Laws 1899; sec. 1, c. 60, Laws of 1897 (sec. 867, C. L. 1897); Guthrie National Bank v. Guthrie, 173 IT. S. 538; Codlin v. Co. Com., 9 N. M. 567; Territory v. Cutinola, 4 N. M. 305; Territory v. Beaven, 15 N. M. 357; Sears v. Fewson, 15 N. M. 133; Smith v. Judge, 17 Cal. 554;…

1Opinion of the Court

OPINION OP THE COURT.

FIANNA, J.

(after stating the facts as above.)

[1, 2] The first question presented for óur .consideration is the alleged invalidity of chapter 11 of the Laws of 1899, known as the “Bridge Law.” The question is raised by numerous assignments of error, which will not be separately noted. The contention, however, upon which these several assignments of error are based, is that, because chapter 31 of the Laws of 1899 adopted the classification of the counties of New Mexico as made by section 1 of chapter 60 of the Laws of 1897 (to be found immediately following section 697, ;C.…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Taylor v. SecorSupreme Court of the United States · 1876
  2. McPherson v. Foster Bros.Supreme Court of Iowa · 1876
  3. State v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1915
  4. First National Bank v. McBrideNew Mexico Supreme Court · 1915
  5. Wells v. Western Paving & Supply Co.Wisconsin Supreme Court · 1897

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3Cited by3 opinions

  1. Barker v. State Ex Rel. NapoleonNew Mexico Supreme Court · 1935
  2. In Re Atchison, T. S.F. Ry. Co.'s Taxes in Eddy CountyNew Mexico Supreme Court · 1936
  3. McAtee v. GutierrezNew Mexico Supreme Court · 1944

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