Leyba v. Armijo
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before J. W. Crump acker, Associate Justice. The jurisdiction of justices of the peace in condemnation proceedings is conferred by sections 25 to 28, Compiled Laws, New Mexico, 1897. Condemnation proceedings are purely statutory and in derogation of common right, and the statutory authority must be strictly pursued, and every condition requisite to the exercise of the jurisdiction observed. .Reed v. Ohio etc.
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Appeal from the district court of Bernalillo county, before J. W. Crump acker, Associate Justice. The jurisdiction of justices of the peace in condemnation proceedings is conferred by sections 25 to 28, Compiled Laws, New Mexico, 1897. Condemnation proceedings are purely statutory and in derogation of common right, and the statutory authority must be strictly pursued, and every condition requisite to the exercise of the jurisdiction observed. .Reed v. Ohio etc. R. Co., 126 Ill. 48; Sherman v. Buick, 32 Cal. 242; Vreeland v. Jersey City, 54 N. J. L. 49; Chicago etc. R. Co. v. Chicago, 132 Ill.…
1Opinion of the Court
OPINION OP THE COURT.
McMILLAN, J.
1 Certiorari was the proper writ to bring up for review all the proceedings before the justice of the peace in this matter. It not only brought up the petition, upon which the proceedings were founded, but it also brought up the report of the commissioners of appraisal, which is a part of the proceedings had herein in the justice’s court. Farmington Co. v. Commrs., 112 Mass. 206; Miller v. School Trustees, 88 Ill. 26; Ex parte Hayward, 10 Pick. (Mass.) 358; Richardson v. Smith, 59 N. H. 517.
2 '^Condemnation' proceedings are purely statutory. They are justified…
2Cases cited3 opinions
- Farmington River Water Power Co. v. County CommissionersMassachusetts Supreme Judicial Court · 1873
- Miller v. Trustees of Schools Township 15 North, Range 6 EastIllinois Supreme Court · 1878
- Aldredge v. School District No. 16Supreme Court of Oklahoma · 1901
3Cited by3 opinions
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- Middle Rio Grande Conservancy Dist. v. ChavezNew Mexico Supreme Court · 1940
- Public Service Co. v. Approximately 15.49 Acres of LandDistrict Court, D. New Mexico · 2015