Sacramento Valley Irrigation Co. v. Lee

Citations

• 15 N.M. 567

Syllabus

<p>SYLLABUS (BY THE COURT.)</p> <p>1. Where the plaintiff in error files a transcript of the record, but not, as required by Sec. 20, 'Chapter 57, of the Laws of 1907, ten days- before the return day of the writ, and also files assignments of error, but not before the return day of such writ, a motion to dismiss the writ of error, on those grounds, not made until after such filing, will be denied.. Armijo v. Abeytia, 5 N. M. 533.</p> <p>2. Sec. 1, Chapter 120 of the Laws of 1909, amending Sec. 20, Chapter 57, of the Laws of 1907, making th-e return day of a writ of error 130 days from date of the writ instead of 90 days as formerly, deals with procedure only, and prima facie, applies to all actions — -those which have accrued or are pending and future actions.</p> <p>3. A decree granting an injunction and appointing a receiver for an insolvent corporation under the provisions of Sections 72 and 73, of Chapter 79 of the Laws of 1907, is a final decree within the terms of the Organic Act relating to appeals and writs of error.</p> <p>4. The complaint in a proceeding under the provisions of Sec. 72, Chapter 79 of the Laws of 1907, which merely alleges: “That the said corporation is insolvent and has- suspended its ordinary business for want of funds to carry on the same,” does not sufficiently state the facts and circumstances of such insolvency to make a case within the purview of the statute. The facts and circumstances must be set out in the complaint from which the insolvency of the company shall appear.</p>