Stanley v. Wixon

Citations

• 24 N.M. 499
• 174 P. 200

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The order of the district court made pursuant to section 1923, Code 1915 (section 47 of the Drainage Act) by virtue of section 1924, remains under the control of the district court, and may he revised, modified, or changed on petition of the commissioners and upon notice. The fact that the order approving the proposed assessments and’ the findings was made upon a stipulation entered into between the remonstrants and commissioners does not change the nature of the order, and the court had power to set aside the decree entered upon such stipulation and to enter a new decree after notice and upon hearing. P. 50G</p> <p>2. The notice required by section 66 of the Drainage Act (section 1942, Code 1915) as to the letting of contracts for the construction of the drainage system need not he published for four weeks. The statute fixing no time during which the notice shall be published, a notice published for a reasonable length of time is sufficient. P. 507</p>