Board of Education v. Citizens' Nat. Bank
New Mexico Supreme Court
Appeal from District Court, Chaves County; Bichardson, Judge. Action for specific performance by the Board of Education of the. City of Boswell against the Citizens’ National Bank of Boswell, N. M-, and the First National Bank of Eoswell, N. M. Decree for plaintiff and defendants appeal.
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Appeal from District Court, Chaves County; Bichardson, Judge. Action for specific performance by the Board of Education of the. City of Boswell against the Citizens’ National Bank of Boswell, N. M-, and the First National Bank of Eoswell, N. M. Decree for plaintiff and defendants appeal. The power conferred on Boards of Education by the Constitution and laws of this state is specifically to borrow money for certain purposes, but they are not thereby or otherwise authorized to issue negotiable bonds. New Mexico Statutes, Sec. 4903; Weil v. Newbern (Tenn.) Ann. Cases 1913, E. 25 and Note page…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, <7.
(after stating the facts as above). The purpose of this action in the court below was to secure a judicial determination as to whether or not the bonds proposed to be issued by the city of Roswell were authorized by law and issued in accordance therewith. Appellants are willing and desirous of purchasing the bonds and fulfilling their contracts if there is legal authority for their issuance, and the steps required by law to be taken to make such bonds valid and legal obligations of the school district have been complied with. The uncertainty in the matter was…
2Cases cited3 opinions
- Lanigan v. Town of GallupNew Mexico Supreme Court · 1913
- Bailey v. StateIndiana Supreme Court · 1904
- State Nat. Bank v. ClaytonNew Mexico Supreme Court · 1917
3Cited by12 opinions
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- Johnston v. BOARD OF EDUCATION OF PORTALES MSDNew Mexico Supreme Court · 1958
- State ex rel. Walker v. BridgesNew Mexico Supreme Court · 1921
- Board of Education v. American Nat. Bank of Oklahoma CityCourt of Appeals for the Eighth Circuit · 1923
- Edwards v. Board of County CommissionersNew Mexico Court of Appeals · 1994
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