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LEAVELL v. TOWN OF TEXICO

No. 6215.

316 P.2d 247 (1957)

63 N.M. 233

J.H. LEAVELL, C.A. Cassady and Emma Cassady, Lewis Pierce, M.C. Roberts and Rosa D. Roberts, C.L. Griffin, Transport Trucking Co. of Texas, George W. Paul, Sid Thomas and Emma Thomas, Georgia Lee Foster, and J.M. Foster, Appellants, v. The TOWN OF TEXICO, New Mexico, a Municipal Corporation, Ira S. Levins as Mayor and Joe Helton, Olan Schleuter, Les Means and J.E. Stone, as Members of the Board of Trustees of the Town of Texico, New Mexico, Juanita Autrey, as Clerk of the Town of Texico, New Mexico, and Mary Taylor, as Assessor of Curry County, New Mexico, Appellees.

Supreme Court of New Mexico.

Rehearing Denied October 21, 1957.

Attorney(s) appearing for the Case

Smith & Smith, and Fred C. Tharp, Clovis, for appellants.

Hartley & Buzzard, Clovis, for appellees.

LUJAN, Chief Justice.

The town of Texico, New Mexico, defendant-appellee, passed a resolution on February 6, 1956, annexing certain property belonging to plaintiffs-appellants, pursuant to § 14-6-8 of 1953 Compilation, which statute limited the right of appeal to 30 days after the adoption of the resolution. Appellants' complaint was not filed until May 5, 1956. The lower court dismissed the action as barred by the statute...

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