Orosco v. Gonzales

Citations

• 19 N.M. 130
• 141 P. 617

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Sec. 63, Chap. 49, S. L. 1907, construed. Held: That notice of the appeal therein provided for is served upon the state engineer, within the meaning of the first clause of the proviso, when it is delivered to such official and filed in his office, and, that the second clause of said proviso, which provides for the manner of service of notice of appeal, applies only to the service upon the parties in interest.</p> <p>P. 134</p> <p>2. A return to a summons by the sheriff, that he has served the party therein named personally therewith, is sufficient, without stating the county,^herein such service was made,.as it will be presumed that the service was made in the proper county, in the absence of a showing to the contrary.</p> <p>P. 135</p> <p>3. Notice of the filing of a petition for removal of an appeal pending before the board of water commissioners, to the district court, upon failure of said board to meet and act upon such appeal within ninety days, and an application for a writ of certiorari, under the provisions of Sec. 65, Chap. 49, S. L. 1907, need not be served upon the interested parties prior to the issuance of said writ by the district court. It is only essential that it should be so served twenty days before such parties are required to plead, answer or proceed to a heating on the merits, where service is made in the county in which the cause is pending.</p> <p>P. 137</p>