Page v. Town of Gallup
New Mexico Supreme Court
Appeal from District Court, McKinley County'; Ray-nolds, Judge. Suit by Gregory Page against the Town of Gallup and otheis. Judgment for complainant, and defendants appeal. Where" issue of fact is raised by the pleadings, judgment on pleadings is improper. 31 Cyc. 608; 1 Suther. Code PI.
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Appeal from District Court, McKinley County'; Ray-nolds, Judge. Suit by Gregory Page against the Town of Gallup and otheis. Judgment for complainant, and defendants appeal. Where" issue of fact is raised by the pleadings, judgment on pleadings is improper. 31 Cyc. 608; 1 Suther. Code PI. Sec. 1447; Reed v. Rogers, 19 N. M. 177. Where power to do an act is conferred upon a municipality in general terms without describing the mode of exercising it, the tiustees ha,ve a discretion as to the manner in which, the power shall be employed, and the courts will not interfere with this discretion.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellee instituted this suit in the district court of McKinley county against the appellants, town of Gallup and its officials, by which he sought to enjoin and restrain the said appellants from carrying out the terms of a certain contract, entered into by the said iown with the Stearns-Rogers Manufacturing Company for the purchase of electrical machinery and equipment. The complaint alleged that it was given out by said town that said machinery had been purchased for Lie purpose of pumping and supplying water to said town, but in truth and in fact such stated…
2Cases cited30 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Barney v. Baltimore CitySupreme Court of the United States · 1868
- Mallow v. HindeSupreme Court of the United States · 1827
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1902
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3Cited by22 opinions
- Asplund v. HannettNew Mexico Supreme Court · 1926
- Sellman v. HaddockNew Mexico Supreme Court · 1957
- American Trust & Savings Bank v. ScobeeNew Mexico Supreme Court · 1924
- C. De Baca v. BacaNew Mexico Supreme Court · 1964
- Dugger v. City of Santa FeNew Mexico Court of Appeals · 1992
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