Smith v. First Alamogordo Bancorp, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[t]he right to dissent from a merger ... and be paid fair value is a new right that did not exist at common law”
• noting that although eminent domain action was considered one at law and not equity, it was not historically tried to a jury
• discussing that the appraiser, or the district court, as applicable, “has discretion in determining market, asset and investment value” of the shares
• describing the pedigree of the New Mexico Business Corporation Act as adopted from the Model Act
• “The right to dissent from a merger or consolidation and be paid fair value is a new right that did not exist at common law, and the proceeding created by the appraisal statute is a special statutory remedy.”

Source: CourtListener parenthetical corpus (CC0).