elementary principle in New Mexico

1954Sakariason v. Mechem, 20 N.M. 307 , 149 P. 352 ; Reese v. Dempsey, 48 N.M. 417 , 152 P.2d 157 . 1941 Comp. § 57-925 makes provision for the increase or diminution of compensation awards at six months’ intervals upon proper application and showing of either the recovery or increased disability of the worker.

1954Sakariason v. Mechem, 20 N.M. 307 , 149 P. 352 ; Reese v. Dempsey, 48 N.M. 417 , 152 P.2d 157 . 1941 Comp. § 57-925 makes provision for the increase or diminution of compensation awards at six months’ intervals upon proper application and showing of either the recovery or increased disability of the worker.

2023Co., 1910-NMSC-006 , ¶ 8, 15 N.M. 270 , 106 P. 376 (“It is an elementary principle of law. . . that before a plaintiff can recover he must prove his case.”).

2023Co., 1910-NMSC-006 , ¶ 8, 15 N.M. 270 , 106 P. 376 (“It is an elementary principle of law. . . that before a plaintiff can recover he must prove his case.”).

1984These defendants correctly state the elementary principle that “in a suit to quiet title to real estate, the plaintiff must recover upon the strength of his own title and not the weakness of that of his adversary.” Perea v. Martinez, 95 N.M. 84 , 619 P.2d 188 (1980).

1984These defendants correctly state the elementary principle that “in a suit to quiet title to real estate, the plaintiff must recover upon the strength of his own title and not the weakness of that of his adversary.” Perea v. Martinez, 95 N.M. 84 , 619 P.2d 188 (1980).

1984Defendants rely on Komadina v. Edmondson, 81 N.M. 467 , 468 P.2d 632 (1970) for the following proposition: It is fundamental that “In order to make a valid conveyance of land, it is essential that the land itself, the subject of the conveyance, be capable of identification, and, if the conveyance does not describe the land with such particularity as to render this possible, the conveyance is absolutely nugatory, * * * ” 4 Tiffany, Real Property § 990 (3rd ed. Jones 1939). 81 N.M. at 469 , 468 P.2d 632 .

1984Defendants rely on Komadina v. Edmondson, 81 N.M. 467 , 468 P.2d 632 (1970) for the following proposition: It is fundamental that “In order to make a valid conveyance of land, it is essential that the land itself, the subject of the conveyance, be capable of identification, and, if the conveyance does not describe the land with such particularity as to render this possible, the conveyance is absolutely nugatory, * * * ” 4 Tiffany, Real Property § 990 (3rd ed. Jones 1939). 81 N.M. at 469 , 468 P.2d 632 .

1981Smith v. Walcott, 85 N.M. 351 , 512 P.2d 679 (1973); Coldwater Cattle Co. v. Portales Valley Project, Inc., 78 N.M. 41 , 428 P.2d 15 (1967); 3 AM.JUR.2d, Agency, § 20 (1962); Restatement (Second) of Agency, § 17 (1958).

1981Smith v. Walcott, 85 N.M. 351 , 512 P.2d 679 (1973); Coldwater Cattle Co. v. Portales Valley Project, Inc., 78 N.M. 41 , 428 P.2d 15 (1967); 3 AM.JUR.2d, Agency, § 20 (1962); Restatement (Second) of Agency, § 17 (1958).

1981Smith v. Walcott, 85 N.M. 351 , 512 P.2d 679 (1973); Coldwater Cattle Co. v. Portales Valley Project, Inc., 78 N.M. 41 , 428 P.2d 15 (1967); 3 AM.JUR.2d, Agency, § 20 (1962); Restatement (Second) of Agency, § 17 (1958).

1981Smith v. Walcott, 85 N.M. 351 , 512 P.2d 679 (1973); Coldwater Cattle Co. v. Portales Valley Project, Inc., 78 N.M. 41 , 428 P.2d 15 (1967); 3 AM.JUR.2d, Agency, § 20 (1962); Restatement (Second) of Agency, § 17 (1958).

1964Binkley v. Hunter (C.C.A. 10) 170 F.2d 848 ; McCutcheon v. Cox, supra. “It is an elementary rule of construction that effect must be given, if possible, to every word, clause and sentence of a statute.” 2 Sutherland Statutory Construction (3rd Ed.) § 4705.

1954Sakariason v. Mechem, 20 N.M. 307 , 149 P. 352 ; Reese v. Dempsey, 48 N.M. 417 , 152 P.2d 157 . 1941 Comp. § 57-925 makes provision for the increase or diminution of compensation awards at six months’ intervals upon proper application and showing of either the recovery or increased disability of the worker.

1954Sakariason v. Mechem, 20 N.M. 307 , 149 P. 352 ; Reese v. Dempsey, 48 N.M. 417 , 152 P.2d 157 . 1941 Comp. § 57-925 makes provision for the increase or diminution of compensation awards at six months’ intervals upon proper application and showing of either the recovery or increased disability of the worker.

1941Accordingly, the great weight of authority is to the effect that, in order for a school board to bind the district in ■ the employment of teachers, it is necessary that the members of the board act as a board, and that to do so it is imperative that all meet together, or at least be notified of such meeting, and have an opportunity to meet together, to consult over the employment of such teachers.” In State v. Kelly, supra [ 27 N.M. 412 , 202 P. 532 , 21 A.L.R. 156 ], we accepted as a matter of course counsel’s argument that such is the true rule.

1936In United States v. Mills, 7 Pet. [138] 142 ( 8 L.Ed. 636 ), this was construed to mean, that the indictment must set forth the offense “with clearness and all necessary certainty, to apprise the accused of the' crime with which he stands charged;” and in United States v. Cook, 17 Wall. [168] 174, 21 L.Ed. 538 , that “every ingredient of0which the offense is composed must be accurately and clearly alleged.” It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, “includes generic terms, it is not sufficient that th

1936In United States v. Mills, 7 Pet. [138] 142 ( 8 L.Ed. 636 ), this was construed to mean, that the indictment must set forth the offense “with clearness and all necessary certainty, to apprise the accused of the' crime with which he stands charged;” and in United States v. Cook, 17 Wall. [168] 174, 21 L.Ed. 538 , that “every ingredient of0which the offense is composed must be accurately and clearly alleged.” It is an elementary principle of criminal pleading, that where the definition of an offense, whether it be at common law or by statute, “includes generic terms, it is not sufficient that th

1910In Hooper v. California, 155 U. S. 648, 657 , it is said: “The elementary rule is that every reasonable construction must be resorted to in order to save a statute from unconstitutionality.” In Knights Templar’s Indemnity Co. v. Jarman, 187 U. S. 197, 205 , it is said: “Were the act of 1887 more ambiguous than it is as to its application to past transactions, we would still be disposed to apply the cardinal rule of construction, that where the language of an act would bear two interpretations equally obvious that the one which is clearly in accordance with the provisions of the constitution is

1910In Hooper v. California, 155 U. S. 648, 657 , it is said: “The elementary rule is that every reasonable construction must be resorted to in order to save a statute from unconstitutionality.” In Knights Templar’s Indemnity Co. v. Jarman, 187 U. S. 197, 205 , it is said: “Were the act of 1887 more ambiguous than it is as to its application to past transactions, we would still be disposed to apply the cardinal rule of construction, that where the language of an act would bear two interpretations equally obvious that the one which is clearly in accordance with the provisions of the constitution is

1907Ency. of Law, (2nd Ed.) 144; Bradley v. Marshall, 54 Ill. 183 ; Wood v. Ridgeville College, 114 Ind. 320 .