Supreme Court of New Mexico
Decision Information
American Nat'l Bank v. Trinidad Bean & Elevator Co. - cited by 3 documents
Board of County Comm'rs v. Wasson - cited by 162 documents
Decision Content
BOARD OF COUNTY COMM'RS V. GARDNER, 1933-NMSC-077, 37 N.M. 514, 24 P.2d 1104 (S. Ct. 1933)
BOARD OF COUNTY COMMISSIONERS OF QUAY
COUNTY, New Mexico,
Appellees,
vs.
Terry GARDNER, Appellant
No. 3778
SUPREME COURT OF NEW MEXICO
1933-NMSC-077, 37 N.M. 514, 24 P.2d 1104
September 06, 1933
Appeal from District Court, Quay County; Harry L. Patton, Judge.
COUNSEL
Carl A. Hatch, of Clovis, for appellant.
J. C. Compton, of Portales, E. M. Grantham, of Clovis, and James L. Briscoe, of Tucumcari, for appellees.
JUDGES
Zinn, Justice. Watson, C. J., and Sadler and Bickley, JJ., concur. Hudspeth, Justice, dissenting.
OPINION
{1} The issues presented in this case are identical with those presented and decided in the case of Board of County Commissioners v. Wasson, 37 N.M. 503, 24 P.2d 1098, except in the amounts awarded. In this case the original award was $ 70, and the final award $ 900.
{2} The decision in the case of Board of County Commissioners v. Wasson, supra, and the rules of law announced therein, are adhered to and approved as the law in this case. For the reasons therein stated, this cause must be reversed and remanded, with instructions to deny the appellees' motion to vacate and reinstate the final judgment entered for appellant.
{3} It is so ordered.
DISSENT
HUDSPETH, Justice.
{4} I dissent.