Palmer v. City of Albuquerque
New Mexico Supreme Court
Appeal from the District Court, Bernabillo County; Herbert F. Raynolds, Presiding Judge. Does not contract Exhibit “A” between the defendant city and defendant bank provide for sale of real property of defendant city for payment of its debts? 102 TJ. S. 472; McQuillin Mun. Corp., Yol. 3, Sec. 1141; 16 Wall. TJ. S. 452, 644. Indebtedness Which May be Incurred by Cities. Sec. 13, Art. 9, Const.
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Appeal from the District Court, Bernabillo County; Herbert F. Raynolds, Presiding Judge. Does not contract Exhibit “A” between the defendant city and defendant bank provide for sale of real property of defendant city for payment of its debts? 102 TJ. S. 472; McQuillin Mun. Corp., Yol. 3, Sec. 1141; 16 Wall. TJ. S. 452, 644. Indebtedness Which May be Incurred by Cities. Sec. 13, Art. 9, Const. State of New Mexico; 1 Bouvier’s L. Diet., Title Debt; 34 la. 208, 213; Words & Phrases, YVol. 2, p. 1864; 117 Ga. 263; 17 Idaho 251; 196 N. Y. 178; 91 Pa. St. Eep. 398; 36 la. 396; 49 N. J. L. Eep., p.…
1Opinion of the Court
OPINION.
HANNA, J.
Nine assignments of error are presented which resolve themselves into two, or at most three, questions of law.
The first may be stated as a lack of power in the City, and its officials, to convey and dispose of its real property; in connection with which may be considered a possible collateral question, assuming a conditional right to con.vey, of whether the conveyance proposed, in the case,, would amount to an act of waste.
We do not think it necessary to consider the first phase of this question from the standpoint of the contention that property held for public uses cannot…
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