Michelet v. Board of Commissioners
New Mexico Supreme Court
Appeal from District Court, Chaves County; G-. A. Richardson, Judge. Injunction by Jacques Michelet against the Board of County Commissioners of the County of Chaves and another. From a judgment for defendants, plaintiff appeals. Petition for establishment of public road should set forth the termini, but not attempt to fix intermediate points, or to designate route.
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Appeal from District Court, Chaves County; G-. A. Richardson, Judge. Injunction by Jacques Michelet against the Board of County Commissioners of the County of Chaves and another. From a judgment for defendants, plaintiff appeals. Petition for establishment of public road should set forth the termini, but not attempt to fix intermediate points, or to designate route. Secs. 4 and 10, c. 124, L. 1905. Viewers should mark out proposed road between termini named in petition. ' See. 10, c. 124, L. 1905. Viewer’s report should contain amount of damage and benefit sustained. Secs. 10 and 12, c. 124,…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
Appellee, the board of county commissioners of Chaves county, N. M., ordered a new highway opened through certain lands.of the appellant, upon petition of ten or more freeholders, as provided and authorized by section 2656, Code 1915. This suit was institutedjn the.court belmvjn. enjoin said board from opening said highway. . A temporary injunction was granted -upon the filing of the complaint, which was dissolved upon final hearing, and from this decree this appeal is prosecuted. Appellant relies upon several grounds for reversal. The facts will be stated…
2Cases cited6 opinions
- State ex rel. County Commissioners v. RomeroNew Mexico Supreme Court · 1914
- Continental Fire Ass'n v. WingfieldCourt of Appeals of Texas · 1903
- State v. ThompsonSupreme Court of Minnesota · 1891
- Kelley v. HoneaCourt of Appeals of Texas · 1903
- State ex rel. Milwaukee, Lake Shore & Western Railway Co. v. O'ConnorWisconsin Supreme Court · 1890
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