Walrath v. Board of County Commissioners
New Mexico Supreme Court
Appeal from the District Court of Valencia County; Merritt C. Mechem, District Judge; Act of 1909 is a local and specific law regulating county affairs. Laws of 1903, p. 134; laws 1905, p. 4; laws 1909, p. 38; 24 Stat. L. 170; ibid., sec. 7; 25 State. L. 336; Territory y. Gutierrez, 12 N. M. 272; Territory y. Beaven, 15 N. M. 361; laws 1909, p. 214; Edmunds y. Herbrandson, 14 L. R. A. 725; Henderson y. Koenig, 57 L. R. A. 659; State ex rel. Atty. Gen. y.
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Appeal from the District Court of Valencia County; Merritt C. Mechem, District Judge; Act of 1909 is a local and specific law regulating county affairs. Laws of 1903, p. 134; laws 1905, p. 4; laws 1909, p. 38; 24 Stat. L. 170; ibid., sec. 7; 25 State. L. 336; Territory y. Gutierrez, 12 N. M. 272; Territory y. Beaven, 15 N. M. 361; laws 1909, p. 214; Edmunds y. Herbrandson, 14 L. R. A. 725; Henderson y. Koenig, 57 L. R. A. 659; State ex rel. Atty. Gen. y. Sayre, 4 A. & E. Ann. Cas. 656 and note 659; Harwood v. Wentworth, 162 IT. S. 564. Co. Commrs. could not, under general powers, use funds to…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J. —
This is an action by Frank L. Walratli against the board of county commissioners of Valencia County, and the individual members of the board, to restrain them from carrying into execution a contract for the construction of a court house and jail at the county seat of said county. The pleadings show that a contract had been entered into between the board of county commissioners and Campbell Brothers, by which the latter were to construct and complete the court house and jail, in accordance with plans and specifications, and that the contractors' had begun…
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