Legal Opinion
State Ex Rel. State Highway Commission v. Burks
New Mexico Supreme Court
Decided July 22, 1968No. 8602PublishedCited by 12 opinions
1Opinion of the Court
OPINION
NOBLE, Justice.
A condemnation proceeding was brought by the State Highway Commission pursuant to ch. 324, Laws 1959, to acquire certain land for highway purposes. Defendant Buck Plarvey filed a motion pursuant to Rules 41(b) and (e) of the Rules of Civil Procedure (§ 21-1-1(41) (b) and (e), N.M.S.A. 1953), seeking an order dismissing the condemnation proceeding. After the court announced that the motion to dismiss would be granted, we issued an alternative writ of prohibition restraining the Honorable Garnett R. Burks, Judge of the Seventh Judicial District, from proceeding further in…
2Cases cited5 opinions
- Montoya v. McManusNew Mexico Supreme Court · 1961
- Guthrie v. Threlkeld Co.New Mexico Supreme Court · 1948
- City of Tucumcari v. Magnolia Petroleum Co.New Mexico Supreme Court · 1953
- Gallup Southwestern Coal Co. v. Gallup American Coal Co.New Mexico Supreme Court · 1934
- Trujillo v. TrujilloNew Mexico Supreme Court · 1948
3Cited by12 opinions
- North v. Public Service Co. of New MexicoNew Mexico Court of Appeals · 1984
- State Ex Rel. State Highway Department v. YurcicNew Mexico Supreme Court · 1973
- Carter-Wallace, Inc. v. United StatesUnited States Court of Claims · 1974
- County of Dona Ana Ex Rel. Board of County Commissioners v. BennettNew Mexico Supreme Court · 1994
- City of Santa Fe v. GonzalesNew Mexico Supreme Court · 1969
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