Miller v. Klasner
New Mexico Supreme Court
Appeal from the District Court of Lincoln County. Edward L. Medler, Presiding Judge. Court erred in denying Defendant’s motion to vacate and set aside final decree. Sub-Secs. 145, 154, 157, of Sec. 2685, C. L. 1897; 23 So. 22; 45 Ga. 28; 11 Mo. 438; 70 N. Y. Sup. 819; 23 Eney. 934; 30 Cent. Digest, Secs. 705 to 711, inc.; 70 N. J. L. 185; 56 Atl. 135; 1 How. Pr.
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Appeal from the District Court of Lincoln County. Edward L. Medler, Presiding Judge. Court erred in denying Defendant’s motion to vacate and set aside final decree. Sub-Secs. 145, 154, 157, of Sec. 2685, C. L. 1897; 23 So. 22; 45 Ga. 28; 11 Mo. 438; 70 N. Y. Sup. 819; 23 Eney. 934; 30 Cent. Digest, Secs. 705 to 711, inc.; 70 N. J. L. 185; 56 Atl. 135; 1 How. Pr. N. Y. 14; 110 N. C. 466; 15 S. E. 97. Final decree entered by court on Aug. 5, 1912, before statutory 20 days had elapsed and without notice to appellant was irregular. 3 111. 61, 62. Final decree entered Aug. 5, 1912, is irregular in…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
Appellee instituted this action in . the district court of Lincoln Couriy, to enjoin appellant from interfering with his right to the use of a stated amount of the water flowing through an irrigation ditch, known as “the School'Land Ditch,” through which water was diverted from the Rio Hondo for the irrigation of appellee’s lands, and certain lands alleged to be under the control of appellant. The'prayer was for a determination of the rights 6f the parties in and to said waters, and an allotment of the use thereof upon certain days of each week; an…
2Cases cited4 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Ebell v. BursingerTexas Supreme Court · 1888
- Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868
- Monday v. VanceCourt of Appeals of Texas · 1895
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- Sellman v. HaddockNew Mexico Supreme Court · 1957
- Herrera v. Springer CorporationNew Mexico Court of Appeals · 1973
- American Trust & Savings Bank v. ScobeeNew Mexico Supreme Court · 1924
- Iron City Savings Bank v. IsaacsenSupreme Court of Virginia · 1932
- C. De Baca v. BacaNew Mexico Supreme Court · 1964
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