Board of County Commissioners v. Cross
New Mexico Supreme Court
Appeal from the district court of Grant county, before Frank W. Parker, Associate Justice. The warrant sued upon belongs in the class referred to in the proviso clause at the end of section four, chapter 68, Session Laws of 1889, should not bear interest after July 1, 1889, and will not support the judgment herein, because it is not shown that there is or has been at any time since said first day of July, 1889, a surplus of county funds in the treasury of the county over and…
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Appeal from the district court of Grant county, before Frank W. Parker, Associate Justice. The warrant sued upon belongs in the class referred to in the proviso clause at the end of section four, chapter 68, Session Laws of 1889, should not bear interest after July 1, 1889, and will not support the judgment herein, because it is not shown that there is or has been at any time since said first day of July, 1889, a surplus of county funds in the treasury of the county over and above what is necessary to defray current expenses. King Bridge Co. v. Oteo County, 124 U. S. 459; Forbis v. Board of…
1Opinion of the Court
OPINION OF THE COURT.
MILLS, C. J.
This is the second time that the matter involved in this case has been before us for hearing. As the facts are quite fully set out in the former opinion handed down by this court, which case is entitled “Cross v. Board of County Commissioners of Grant County,” the report of which can be found in 9 N. M. 410, we will not repeat them here.
When this case was last heard by us it was decided below on a demurrer to the complaint, the demurrer setting up that the declaration on its face showed that the cause of action had not accrued within six years next before the…
2Cases cited9 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Commander-In-ChiefSupreme Court of the United States · 1864
- Miller v. CovertNew York Supreme Court · 1828
- Roberts v. HeimSupreme Court of Alabama · 1855
- Richardson v. City of BostonSupreme Court of the United States · 1861
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3Cited by6 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Floersheim v. Board of CommissionersNew Mexico Supreme Court · 1922
- Meeker v. WalkerNew Mexico Supreme Court · 1969
- Montgomery Iron Works v. RomanSupreme Court of Alabama · 1906
- Watkins v. Local School Board of Los Alamos SchoolsNew Mexico Supreme Court · 1975
1 more not listed; retrieve them via the Exa API.