minority rule in New Mexico

1992Boyd v. Boyd & Boyd, Inc., 386 N.W.2d 540, 543 (Iowa Ct.App.1986); Land Red-E-Mixed Concrete Co. v. Cash Whitman, Inc., 425 S.W.2d 919 (Mo.1968).

1982See Public Service Co. of Oklahoma v. Black & Veatch Consulting Engineers, 328 F.Supp. 14 (N.D.Okl.1971); Paul Tishman Co. v. Carney & Del Guidice, Inc., 36 App.Div.2d 273, 320 N.Y.S.2d 396 (1971); Turner Construction Co. v. John B.

1982See Public Service Co. of Oklahoma v. Black & Veatch Consulting Engineers, 328 F. Supp. 14 (N.D.Okl. 1971); Paul Tishman Co. v. Carney & Del Guidice, Inc., 36 App.Div.2d 273, 320 N.Y.S.2d 396 (1971); Turner Construction Co. v. John B.

1982N.M.R.Civ.P. 56(c), N.M.S.A.1978; Worley v. United States Borax and Chemical Corp., 78 N.M. 112 , 428 P.2d 651 (1967); Institute for Essential Housing, Inc. v. Keith, 76 N.M. 492 , 416 P.2d 157 (1966); Harvey’s Wagon Wheel, Inc. v. MacSween, supra. By reversing the trial court and remanding for determination of the extent of insurance coverage of Sundt and National under the builder’s risk policy, the majority decision places New Mexico in the camp of -those jurisdictions which follow the minority rule and which permits an insuror to be subrogated against a co-insured.

1982N.M.R.Civ.P. 56(c), N.M.S.A.1978; Worley v. United States Borax and Chemical Corp., 78 N.M. 112 , 428 P.2d 651 (1967); Institute for Essential Housing, Inc. v. Keith, 76 N.M. 492 , 416 P.2d 157 (1966); Harvey’s Wagon Wheel, Inc. v. MacSween, supra. By reversing the trial court and remanding for determination of the extent of insurance coverage of Sundt and National under the builder’s risk policy, the majority decision places New Mexico in the camp of -those jurisdictions which follow the minority rule and which permits an insuror to be subrogated against a co-insured.

1982N.M.R.Civ.P. 56(c), N.M.S.A.1978; Worley v. United States Borax and Chemical Corp., 78 N.M. 112 , 428 P.2d 651 (1967); Institute for Essential Housing, Inc. v. Keith, 76 N.M. 492 , 416 P.2d 157 (1966); Harvey’s Wagon Wheel, Inc. v. MacSween, supra. By reversing the trial court and remanding for determination of the extent of insurance coverage of Sundt and National under the builder’s risk policy, the majority decision places New Mexico in the camp of -those jurisdictions which follow the minority rule and which permits an insuror to be subrogated against a co-insured.

1982N.M.R.Civ.P. 56(c), N.M.S.A.1978; Worley v. United States Borax and Chemical Corp., 78 N.M. 112 , 428 P.2d 651 (1967); Institute for Essential Housing, Inc. v. Keith, 76 N.M. 492 , 416 P.2d 157 (1966); Harvey’s Wagon Wheel, Inc. v. MacSween, supra. By reversing the trial court and remanding for determination of the extent of insurance coverage of Sundt and National under the builder’s risk policy, the majority decision places New Mexico in the camp of -those jurisdictions which follow the minority rule and which permits an insuror to be subrogated against a co-insured.

1982N.M.R.Civ.P. 56(c), N.M.S.A.1978; Worley v. United States Borax and Chemical Corp., 78 N.M. 112 , 428 P.2d 651 (1967); Institute for Essential Housing, Inc. v. Keith, 76 N.M. 492 , 416 P.2d 157 (1966); Harvey’s Wagon Wheel, Inc. v. MacSween, supra. By reversing the trial court and remanding for determination of the extent of insurance coverage of Sundt and National under the builder’s risk policy, the majority decision places New Mexico in the camp of -those jurisdictions which follow the minority rule and which permits an insuror to be subrogated against a co-insured.

1979State v. Sanchez, 87 N.M. 256 , 531 P.2d 1229 (Ct. App. 1975).

1979State v. Sanchez, 87 N.M. 256 , 531 P.2d 1229 (Ct. App. 1975).

1960The rule which apparently has been followed in New Mexico until the present time is that which was announced in State v. Butler, 1934, 38 N.M. 453 , 34 P.2d 1100, 1101 , and we have therefore been considered as one of those states following the minority rule.

1960The rule which apparently has been followed in New Mexico until the present time is that which was announced in State v. Butler, 1934, 38 N.M. 453 , 34 P.2d 1100, 1101 , and we have therefore been considered as one of those states following the minority rule.

1954In Board of County Commissioners of Bernalillo County v. McCulloh, 52 N.M. 210 , 195 P.2d 1005 , we held that a hospital was a necessary public building as the phrase is used in Section 10 of Article 9 of the New Mexico Constitution, which permits counties to vote bonds for necessary public buildings, which, we believe, resulted in a holding that the operation of a hospital was a governmental function.

1954In Board of County Commissioners of Bernalillo County v. McCulloh, 52 N.M. 210 , 195 P.2d 1005 , we held that a hospital was a necessary public building as the phrase is used in Section 10 of Article 9 of the New Mexico Constitution, which permits counties to vote bonds for necessary public buildings, which, we believe, resulted in a holding that the operation of a hospital was a governmental function.

1952In the case of State v. Neveau, 236 Wis. 414 , 295 N.W. 718 , cited by appellants, a preliminary injunction pendente lite was granted but the complaint was later dismissed by final judgment on the ground that the law upon which the complaint was based was void.

1952In the case of State v. Neveau, 236 Wis. 414 , 295 N.W. 718 , cited by appellants, a preliminary injunction pendente lite was granted but the complaint was later dismissed by final judgment on the ground that the law upon which the complaint was based was void.

1946It was held that only the time necessary to secure the appointment of an administrator by exercising diligence is given creditors.' In Timmonds v. Messner, 109 Kan. 518 , 200 P. 270, 271 , it was said: “The death of the debtor does not suspend the operation of the statute longer than to give the creditor a reasonable time and opportunity to procure the appointment of an administrator of the deceased debt- or’s estate.” The case of Bauserman v. Blunt, 147 U.S. 647 , 13 S.Ct. 466, 470 , 37 L.Ed. 316 , has been cited a number of times by courts as supporting the minority rule, but this is not cor

1946It was held that only the time necessary to secure the appointment of an administrator by exercising diligence is given creditors.' In Timmonds v. Messner, 109 Kan. 518 , 200 P. 270, 271 , it was said: “The death of the debtor does not suspend the operation of the statute longer than to give the creditor a reasonable time and opportunity to procure the appointment of an administrator of the deceased debt- or’s estate.” The case of Bauserman v. Blunt, 147 U.S. 647 , 13 S.Ct. 466, 470 , 37 L.Ed. 316 , has been cited a number of times by courts as supporting the minority rule, but this is not cor

1946Aside from the fact that the trial court followed the minority rule, this court in Buss v. Kemp Lumber Co., 23 N.M. 567 , 170 P. 54 , 57, L.R.A.1918C, 1015, has followed the majority rule, and we are not disposed to depart from it.

1946It was held that only the time necessary to secure the appointment of an administrator by exercising diligence is given creditors.' In Timmonds v. Messner, 109 Kan. 518 , 200 P. 270, 271 , it was said: “The death of the debtor does not suspend the operation of the statute longer than to give the creditor a reasonable time and opportunity to procure the appointment of an administrator of the deceased debt- or’s estate.” The case of Bauserman v. Blunt, 147 U.S. 647 , 13 S.Ct. 466, 470 , 37 L.Ed. 316 , has been cited a number of times by courts as supporting the minority rule, but this is not cor

1946It was held that only the time necessary to secure the appointment of an administrator by exercising diligence is given creditors.' In Timmonds v. Messner, 109 Kan. 518 , 200 P. 270, 271 , it was said: “The death of the debtor does not suspend the operation of the statute longer than to give the creditor a reasonable time and opportunity to procure the appointment of an administrator of the deceased debt- or’s estate.” The case of Bauserman v. Blunt, 147 U.S. 647 , 13 S.Ct. 466, 470 , 37 L.Ed. 316 , has been cited a number of times by courts as supporting the minority rule, but this is not cor

1937It is sometimes mistakenly referred to as the “Massachusetts doctrine.” For criticisms of the doctrine, see 27 Mich.Law Rev. 966; 24 Ill.Law Rev. 481; Wilson v. Rogers, 140 Kan. 647 , 38 P.(2d) 124; Gilman v. Central Vermont R.

1917In State v. Newcomb, 220 Mo. 54 , 119 S. W. 405 , the defendant was arrested, charged with the crime of rape, and while in jail was examined by an order of the justice of the peace to ascertain whether he was afflicted with a venereal disease; his victim having become infected with said disease.

1917In State v. Newcomb, 220 Mo. 54 , 119 S. W. 405 , the defendant was arrested, charged with the crime of rape, and while in jail was examined by an order of the justice of the peace to ascertain whether he was afflicted with a venereal disease; his victim having become infected with said disease.

1916Thus, in Potlatch Lumber Co. v. Runkel, 16 Idaho, 192 , 101 Pac. 396 , 23 L.

1916Thus, in Potlatch Lumber Co. v. Runkel, 16 Idaho, 192 , 101 Pac. 396 , 23 L.