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INGRAM v. MALONE FARMS, INC.

No. 7201.

382 P.2d 981 (1963)

72 N.M. 256

Roy E. INGRAM, Applicant-Appellee, v. MALONE FARMS, INC., Protestant-Appellant.

Supreme Court of New Mexico.

June 17, 1963.

Attorney(s) appearing for the Case

Sanders & Bruin, Roswell, Atwood & Malone, Roswell, for appellant.

Watson & Watson, Artesia, for appellee.

Charles D. Harris, J. Lee Cathey, Sp. Asst. Attys. Gen., Roswell, for State Engineer.

COMPTON, Chief Justice.

The protestant, appellant here, appeals from the judgment of the District Court of haves County sustaining the decision of the state engineer. At the outset we are faced with the scope of review on appeal under § 75-6-1, 1953 Comp. The pertinent provisions of the section read:

"Any applicant or other party dissatisfied with any decision, act or refusal to act of the state engineer may take an appeal to the district court * * ...

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