BARELAS COMMUNITY DITCH CORP. v. CITY OF ALBUQUERQUE

No. 5993.

297 P.2d 1051 (1956)

61 N.M. 222

The BARELAS COMMUNITY DITCH CORPORATION, a body corporate, et al., Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE, New Mexico, a municipal corporation, Defendant-Appellant.

Supreme Court of New Mexico.

May 31, 1956.


Attorney(s) appearing for the Case

Frank L. Horan, City Atty., Peter Gallagher and Albert T. Ussery, Sp. Counsel, Albuquerque, for appellant.

Robert Hoath LaFollette, Albuquerque, for appellees.


COMPTON, Chief Justice.

The question presented is whether the court erred in dismissing appellant's appeal from a final judgment rendered against it. The judgment was entered December 29, 1954. The court granted an appeal therefrom March 9, 1955. Notice of allowance of appeal as well as praecipe was also filed on the later date. On June 10, 1955, upon appellees' motion, the appeal was dismissed and appellant is seeking a review of the order of dismissal.

The...

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