Ellis v. New Mexico Const. Co.
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Bratton, Judge. Suit by George E. Ellis and others against the New Mexico Construction Company and City of Albuquerque to enjoin road construction work and to remove cloud on title arising from special assessment lien. Judgment dismissing the complaint, and plaintiffs appeal:
1Opinion of the Court
OPINION OF THE COURT.
RYAN, District Judge.
The city of Albuquerque, a municipal corporation, reorganized pursuant to chapter 86, Laws 1917, entered into a contract on the 2d of October, 1920, with the defendant herein, the New Mexico Construction Company, for the construction of about 12 blocks of bitulithic pavement on Tijeras road in said city. Thereafter the defendant construction company proceeding with such work, the plaintiffs, owners of property abutting on Tijeras road, filed suit in equity to enjoin the work and to remove the cloud on title arising from the special assessment lien.
The…
2Cases cited8 opinions
- United States v. ClaflinSupreme Court of the United States · 1878
- Parsons v. District of ColumbiaSupreme Court of the United States · 1898
- Gymnastic Ass'n of the South Side of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1906
- City of Perry v. Davis & YoungerSupreme Court of Oklahoma · 1907
- Howard v. HulbertSupreme Court of Kansas · 1901
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3Cited by15 opinions
- Vaughn v. United Nuclear Corp.New Mexico Court of Appeals · 1982
- Dairyland Insurance v. RoseNew Mexico Supreme Court · 1979
- Feldhake v. City of Santa FeNew Mexico Supreme Court · 1956
- Stokes v. New Mexico State Board of EducationNew Mexico Supreme Court · 1951
- City of Roswell v. LeversNew Mexico Supreme Court · 1934
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