Snow v. Abalos
New Mexico Supreme Court
Appeal from tlie District Court of Dona Ana County; Edward L. Medler, District Judge; On demurrer: None of the points raised or attempted to be raised by the demurrer can be reached, when considered in the light of the allegations of plaintiff’s complaint, and can be raised only by answer. Authorities on the two theories as to the appropriation of water: Wiel on Water-Eights in Western States, sec. 1338; Wheeler v. Northern Irr.
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Appeal from tlie District Court of Dona Ana County; Edward L. Medler, District Judge; On demurrer: None of the points raised or attempted to be raised by the demurrer can be reached, when considered in the light of the allegations of plaintiff’s complaint, and can be raised only by answer. Authorities on the two theories as to the appropriation of water: Wiel on Water-Eights in Western States, sec. 1338; Wheeler v. Northern Irr. Company, 10 Colo. 583; Wiel on Water Eights, sec-398; Sowards v. Meagher, 108 Pac. 1113; Hagerman Irr. Co. v. McMurray, 113 Pac. 833; City of Pocatello v. Bass, 96…
1Opinion of the Court
OPINION OF THE COURT.
EOBEETS, C. J.
We will first consider the action of the District Court in sustaining the demurrers, as our ■conclusions upon the legal questions raised by the demurrers will necessarily determine many of the questions raised by the motion interposed by the Las Cruces Community Ditch.
The principal contention of the demurring, defendants is that the suit at bar cannot, be maintained by the plaintiff for the reason that he is not the real party at interest, but • that he Mesilla Community Ditch is the real party in interest, because, it is claimed by the defendants, that the…
2Cases cited6 opinions
- Elmore v. Drainage CommissionersIllinois Supreme Court · 1890
- Norman v. CorbleyMontana Supreme Court · 1905
- Bradley v. HarknessCalifornia Supreme Court · 1864
- St. Anthony Falls Water-Power Co. v. City of MinneapolisSupreme Court of Minnesota · 1889
- Lytle Creek Water Co. v. PerdewCalifornia Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- United States v. City of Las CrucesCourt of Appeals for the Tenth Circuit · 2002
- State Ex Rel. Martinez v. City of Las VegasNew Mexico Supreme Court · 2004
- State Ex Rel. State Game Commission v. Red River Valley Co.New Mexico Supreme Court · 1945
- Wilson v. DenverNew Mexico Supreme Court · 1998
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
42 more not listed; retrieve them via the Exa API.