State ex rel. Community Ditches v. Tularosa Community Ditch

Citations

• 19 N.M. 352

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The Statute of Anne, '(9 Anne, c 20 A. D. 1710) relating to informations in the nature of quo warranto, is a part of the common law, in force in this State. Query, as to whether that statute applies to a proceeding, where the object sought is to oust individuals from the exercise of a corporate franchise, or against a corporation for usurping a franchise. Where, however, the parties treat the information as properly filed, on behalf of a private relator, the court will not EX MERO MOTU raise the question, but will consider the. questions raised upon the assumption that the information was properly filed on behalf of a private relator.</p> <p>P. 364-</p> <p>2. While under the Statute of Anne (9 Anne, c. 20 A. D. 1710) it was lawful for the proper officer of the court, with leave of the court, to exhibit an information in the nature of a quo warranto at the relation of any person or persons desiring to sue or prosecute the same, against any person or-persons usurping, intruding into or unlawfully holding and executing certain offices and franchises, it was always held that the relator must have a special interest in the matter of inquiry, although a slight interest would obviate this objection.</p> <p>P. 365</p> <p>3. The statutory law of the State, governing community acequias considered, and the construction placed upon such. statutes in the case of Snow vs. Abalos, 140 Pac. 1044, followed. Held, further, that there can be but one community corporation for each acequia; that such corporation is created by statute; that it exists without action on the part of its members, but that it has only power to act, sue and be sued, where officers have been elected, to administer its affairs; and that the name of the corporation is of no importance. Held, further, that officers of such a corporation become such only by a strict compliance by the members of the community with the law, which provides for the election of such officers; that if