Cook v. City of Socorro

Citations

• 22 N.M. 507
• 165 P. 341

Syllabus

<p>SYLABUS BY THE COURT.</p> <p>1. Where a municipal corporation has power to issue bonds upon a compliance with certain prerequisites, and the bonds are issued, they are prima facie valid obligations, and, as against a bona fide purchaser, the burden of proving want of performance of any of the prerequisites is upon the municipality, or the party attacking the validity of the bonds. Where a municipal corporation was incorporated under an act of the Legislature, which said’act gave such corporations the power to issue bonds for the purchase or construction of waterwdrks upon certain conditions, and a subsequent act of the Legislature authorized municipal corporations to reincorporate under such later act and prescribed different conditions under which bonds for the construction! or purchase of waterworks might be issued,, and thereafter such municipal corporation issued its negotiable bonds for' such purpose, the burden is upon the party attacking the validity of such bonds, where they have passed into the hands of innocent purchasers; to show, either that such city reincorporated under the later act, and that such, bonds were not issued in compliance therewith, or that such bonds were not issued in conformity to the earlier act. P.515</p> <p>2. Wher’e a trial court inadvertently enters an order sustaining a demurrer to a pleading to which no demurrer has been filed, it is the duty of counsel to call the court’s attention to the error so made, so that the same may be corrected, and where the record on appeal shows that an order was made by the trial court sustaining a demurrer' to an, an-' swer to a counterclaim, where a demurrer was filed only to the reply, thel appellate court will not consider an assignment of error based, upon such order insofar as the answer to the counterclaim is concerned, where such mistake was not called to the attention of the trial court. P. 517</p> <p>■3. A plaintiff is not entitled to a default judgment agiainst non-resident defendants,