CHAVEZ v. COUNTY OF VALENCIA

No. 9804.

521 P.2d 1154 (1974)

Pablo CHAVEZ and Manuela Chavez, his wife, Plaintiffs-Appellees, v. COUNTY OF VALENCIA et al., Defendants-Appellants.

Supreme Court of New Mexico.

April 26, 1974.


Attorney(s) appearing for the Case

Mayo T. Boucher, Robert J. Laughlin, Belen, Martin Pearl, Los Lunas, for defendants-appellants.

Edward J. Apodaca, Albuquerque, for plaintiffs-appellees.


OPINION

OMAN, Justice.

This is an appeal from an order denying a motion to set aside a judgment pursuant to the provisions of Rule 60(b)(4) of our Rules of Civil Procedure for the District Courts [§ 21-1-1(60)(b)(4), N.M.S.A. 1953 (Repl.Vol. 4, 1970)]. We reverse.

In 1967 plaintiffs petitioned the County Commission of Valencia County to vacate, pursuant to the provisions of § 55-4-4, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, 1962), two county...

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