Southwestern Savings Loan & Building Ass'n v. Awalt
New Mexico Supreme Court
Appeal from District Court, Curry County; McClure, Judge. Action by the Southwestern Savings Loan & Building Association of Las Yegas against Arthur L. Await, in which the Board of County Commissioners of Curry County and another were summoned as garishees. From judgment for plaintiff, defendant appeals. The act of March 23,. 1915, insofar as it applies to salaries of public officers is unconstitutional and void.
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Appeal from District Court, Curry County; McClure, Judge. Action by the Southwestern Savings Loan & Building Association of Las Yegas against Arthur L. Await, in which the Board of County Commissioners of Curry County and another were summoned as garishees. From judgment for plaintiff, defendant appeals. The act of March 23,. 1915, insofar as it applies to salaries of public officers is unconstitutional and void. See. 22, Art. 6 State Const.; State Prison v. Day, 46 L. R. A. (N. S.) 295; King v. Hunter, 65 N. C. 603; Reid v. Smoulter, 5 L. R. A. (Pa.) 517; C. 86 and C. 12, L. 1915; Sec. 30,…
1Opinion of the Court
OPINION OF THE COURT.
EOBEETS, J.
This action was instituted in the district court of Curry county by the appellee against the appellant, Arthur L. Await, on a deficiency.judgment rendered in one of the district courts of this state in favor of the appellee and against the appellant. Concurrently with the filing of the complaint, appellee filed its application for a writ of garnishment, stating that the garnishees, the board of county commissioners of Curry county and R- E. Brown, tax collector of said county, were jointly indebted to the defendant, Await, and had in their hands and possession…
2Cases cited2 opinions
- Owen v. TerrellNew Mexico Supreme Court · 1916
- Baird v. RogersTennessee Supreme Court · 1895