CARABAJAL v. CANDELARIA

No. 6393.

333 P.2d 1058 (1958)

65 N.M. 159

Antonio Jose CARABAJAL, Pablo Candelaria, Miramon Amaya, Esteban Herrera, Manuel Aranda, Eutimio Herrera, Salvador Jara Millo, Epimenio Herrera and Dan Herrera, acting for themselves and for other heirs, owners and proprietors of land upon the community land grant of the Town of Atrisco, similarly situated, Plaintiffs, v. Magdaleno CANDELARIA, Isidro Sanches, Frank Gonzales, David J. Armijo, Filemeno Rivera, Rosendo Saavedra; Guadalupe Armijo, also known as Lupe Armijo; Eutimio Herrera and Pabio Candelaria, as Members of the Board of Trustees of the Town opf Atrisco, a community land grant corporation Defendants. Jake ARMIJO, Benjamin Benavidez, David J. Armijo, Trinidad Lovato, Ufelia Games, Marcelino Saavedra, Mauel Garcia, Tranquillino Barela, Roman Salas, Samuel Garcia, Carlos Games, Rumaldo Garcia, Filemon Chavez, B.W. Sloan, Arturo Gonzales and Max Griego, in their own behalf and in behalf of others similarly situated, Petitioners-Appellees and Cross-Appellants, v. TOWN OF ATRISCO, a corporation, Respondents-Appellants and Cross-Appellees.

Supreme Court of New Mexico.

December 31, 1958.


Attorney(s) appearing for the Case

Apodaca, Fowlie & Maloney, John Brunacini, Albuquerque, for appellant.

Hannett, Hannett & Cornish, Albuquerque, for appellees.


McGHEE, Justice.

We are asked to determine on this appeal whether the district court of Bernalillo County had power after the remand of Armijo v. Town of Atrisco, 62 N.M. 440, 312 P.2d 91, for further proceedings not inconsistent with the opinion in said cause, to allow attorney fees in substantial amount for the benefit of attorneys representing appellees, the prevailing parties on said appeal.

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