Palmer v. Town of Farmington

Citations

• 25 N.M. 145
• 179 P. 227

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where actions are consolidated in the district court, and the order of consolidation provides that such actions are consolidated for the purpose of trial only, but thereafter the trial court and the parties treat the proceedings as a single case, and pleadings are filed as though but one case is pending, and. the court enters a single judgment, from which but one appeal is prosecuted,, it is not necessary to docket two appeals in this court. P. 149</p> <p>2. A party may not, by imposing upon an adversary over the latter’s protest, the consolidation of his suit providing for a limited appeal with that of his adversary’s theretofore filed, providing a longer period of appeal, in which a single judgment is rendered, deprive said adversary of the full period of time for appeal applicable to the suit filed by such adversary. P. 149</p> <p>3. Laws 1909, c. 31, an act relating to improvement districts in cities and incorporated towns, is constitutional.</p> <p>P. 151</p> <p>4. Where one state or territory adopts a statute in force at that time in another state or territory, it also adopts the construction by the courts of such state or territory, unless for some good reason the courts of the state or territory adopting the statute should see proper to refuse to follow such decisions, as sound interpretations of the statute. P. 151</p> <p>5. Laws 1909, c. 31, relative to local improvements in cities and towns, was taken from the statutes of the state of Arkansas. Section 2 of the act provides: “When any ten resident owners of real property in any such city or incorporated town, or any portion thereof, shall petition the city or town council to take steps toward the making of any such local improvement,” etc.; it thereupon being the duty of the city or town council to proceed as required in the construction of the improvement. This section of the statute was construed by the Supreme Court of Arkansas in the case of Board of Improvement, Di