Board of Education v. Seay
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. • Suit by Ed. S. Seay and other against the Board of Education of the City of Roswell and others. Demurrer to complaint overruled, and judgment for plaintiffs, and defendants bring error. As the several causes of action united in the complaint did not affect all the parties to the action, they were improperly united and the court should have sustained the demurrer.
Read the full summary
Appeal from District Court, Chaves County; McClure, Judge. • Suit by Ed. S. Seay and other against the Board of Education of the City of Roswell and others. Demurrer to complaint overruled, and judgment for plaintiffs, and defendants bring error. As the several causes of action united in the complaint did not affect all the parties to the action, they were improperly united and the court should have sustained the demurrer. Sec. 4105, Code 1915; Cook v. Smith, 25 S. E. 958; Pittsburg Hardware Co. v. Hardware Company, 47 S. E. 234; Tyler v. Stitt, 106 N. W. 114; People v. Ins. Soc., 109 N. Y.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Defendants in error filed in the district court of Chaves county a complaint against the board of education of the city of Roswell, J. W. Rhea,
Elza 'White, and Mrs. O. R. Haymaker. The three individuals were sued personally and aláo as members of the board of education, and as president, vice president, and clerk of said board. E. J. Minton, treasurer of the board, was joined as a defendant in his official capacity. The purpose of the action was three-fold: (1) Defendants in error sought to recover from the individuals sued, money which it was claimed had been…
2Cited by2 opinions
- Colorado State Board of Examiners of Architects v. District CourtSupreme Court of Colorado · 1952
- Lockhart v. ChristianNew Mexico Supreme Court · 1923