Legal Opinion

Swallows v. City of Albuquerque

New Mexico Supreme Court

Decided June 27, 1956No. 6075PublishedCited by 32 opinions

1Opinion of the Court

LUJAN, Justice.

This is an appeal from the district court of Bernalillo County dismissing claimant’s action, and holding that it was barred by the statute of limitations. No doubt the trial court felt compelled by the legislative directive of § 59-10-13 of 1953 Compilation to dismiss the proceedings as not timely filed. The same compulsion forces us to a similar ruling.

Albert T. Swallows, an employee of the City of Albuquerque Police Department, was injured in the course of his employment in an accident on May 24, 1949. On March 20, 1953, claimant filed a claim against the defendant. On the…

2Cases cited5 opinions

  1. Hudson v. Herschbach Drilling Co.New Mexico Supreme Court · 1942
  2. Wilson v. New Mexico Lumber & Timber Co.New Mexico Supreme Court · 1938
  3. Vukovich v. St. Louis, Rocky Mountain Pacific Co.New Mexico Supreme Court · 1936
  4. Guthrie v. Threlkeld Co.New Mexico Supreme Court · 1948
  5. Swallows v. City of AlbuquerqueNew Mexico Supreme Court · 1955

3Cited by32 opinions

  1. Yanci Dupree v. Burtell JeffersonCourt of Appeals for the D.C. Circuit · 1981
  2. Otero v. ZouharNew Mexico Supreme Court · 1985
  3. Gathman-Matotan Architects & Planners, Inc. v. StateNew Mexico Supreme Court · 1990
  4. Bracken Ex Rel. Estate of Bracken v. Yates Petroleum Corp.New Mexico Supreme Court · 1988
  5. Perry v. StaverNew Mexico Court of Appeals · 1970

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