Legal Opinion

Dow v. Irwin

New Mexico Supreme Court

Decided January 12, 1915No. 1807PublishedCited by 10 opinions

Appeal from District Court, Chaves County; J. T. Mte-Clure, Judge. Action by Hiram M. Dow against W. J. Irwin and another. From a judgment for plaintiff, defendant Irwin appeals. Neither equitable garnishment nor suit by way of a creditor’s bill is proper to reach funds in hands of municipal corporation. Art. 8, sec. 126, Ann. Const.

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Appeal from District Court, Chaves County; J. T. Mte-Clure, Judge. Action by Hiram M. Dow against W. J. Irwin and another. From a judgment for plaintiff, defendant Irwin appeals. Neither equitable garnishment nor suit by way of a creditor’s bill is proper to reach funds in hands of municipal corporation. Art. 8, sec. 126, Ann. Const. N. M.; sec. 26, c. 63, L. 1909; City of Newark v. Eunk, R. I. Rev. Stats. 125, sec. 1; Wilson v. Lewis, 10 R. I. 285; sec. 657, c. 1, C. L. Í897; Yan Cott v. Pratt et ah, 39 Pac. 827; 4 Ene. L. 812; Hawthorne v. St. Louis, 11 Mo. 59; Pengleton v. Perkins, 49 Mo.…

1Opinion of the Court

OPINION OF THE COURT.

ROBERTS, C. J.

On the 28th day of July, 1913, E. S. Mundy recovered a judgment against W. J. Irwin, in the district court of Chaves county for $1,200. Later Mundy assigned the judgment to the appellant herein. An execution upon the judgment was issued and returned nulla bona by the sheriff of said county. Irwin had a contract with the county road board of Chaves county for the erection of a bridge in said county, and, after the bridge had been fully completed and accepted by said county, there remained due Irwin, under said contract, the sum of $4,811.60. Before the amount…

2Cases cited20 opinions

  1. Buchanan v. AlexanderSupreme Court of the United States · 1845
  2. Pendleton v. PerkinsSupreme Court of Missouri · 1872
  3. Chamberlain v. GaillardSupreme Court of Alabama · 1855
  4. Merwin v. City of ChicagoIllinois Supreme Court · 1867
  5. School District No. 4 v. GageMichigan Supreme Court · 1878

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3Cited by10 opinions

  1. El Dorado at Santa Fe, Inc. v. Board of County CommissionersNew Mexico Supreme Court · 1976
  2. Board of Com'rs of Rio Arriba County v. GreacenNew Mexico Supreme Court · 2000
  3. Merritt-Chapman & Scott Corporation v. Public Utility District No. 2 of Grant County, WashingtonCourt of Appeals for the Second Circuit · 1963
  4. State Ex Rel. Robinson v. KingNew Mexico Supreme Court · 1974
  5. Yarger v. Timberon Water & Sanitation DistrictNew Mexico Court of Appeals · 2002

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