El Nuevo mexicano., 1919-01-30
CASES
OF INTEREST DECIDED
BY SUPREME COURT
ACTION or w COURT Az.
FiRMED; IMPORTANT CUES
TloNs AFFECTING NcoRPoRA-
TON PASSED ON.

The supreme court today registered
an affirmation in two important cases
in which the town Of Pennington fig
ures, relating to matters OF incorpora-
tion, improvement districts and so
forth.
The cases are entitled J. M. Palmer,
ct al, appellants, No. 2081, VS.. The
Town Of Pennington, ct al, appellees,
San Juan County, and Board OF I'm
proyement Dist. No. /, Town OF Farm
ington. Appellee, No. 2082, VS., ]. NJ.
Palmer, Appellant, San Juan county.
This appeal involves the %incorpora-
tion of a town with less than 1900 in
habitants, and is OF two suits, brought
by the board of Improvement to col
lect the assessment from appellants
and one by the appellants to have
the assessment declared to be void
and the appellees enjoined from col
lecting the same. The injunction suit
was the first filed and later the i'm
provement district filed the subse-
quent suit to collect the assessments.
These cases we're, over objection of
appellants consolidated, in the lower
court, the decree of consolidation
stating they were consolidated for
the purposes of trial. But after the
order Of consolidation the two cases
were treated by the court and the par
ties as but n case and but one judg-
ment rendered, against Palmer from
which this appeal is prosecuted.
Syllabus.
/. Where actions are consolidated in
the district court, and the order of
consolidation provides that such ac-,
tons are consolidated for the purpose
of trial only, but thereafter the trial
court and the parties treat the pro-
ceedings as a single ease and plead
ings are filed as though but one case
is pending, and the court enters a sim
gle Judgment from which but one APP
peal is prosecuted, it is not necessary
to docket two appeals in this court.
2. A party may not, by imposing
upon an adversary over the latter's
protest, the consolidation of his suit
providing for a limited appeal with
that of his adversary,s heretofore
filed providing a longer period Of APP
peal in which a single Judgment is
rendered, deprive said adversary of
full period of time for appeal APP
plicable to the suit filed bl such adj
persary.
8. Chapter 81, Laws 1908, an act re-
lating to Improvement districts in
cities and Incorporated towns, is con-
'titutional.
A. Where one state or territory
a statute In force at that time
n another state or territory, it alsoi
the construction by the courts
such state OF territory unless for
some good reason the courts of the
tate or territory adopting the statute
Ihould Q proper to refuse to follow
such decisions, as sound i~nterpreta-
ions of the statute.
s.. Chapter 81, Laws 1909, relative
o local improvements in cities and
owns. was taken from the statutes
# the state of Arkansas. Section 2
4 the act provides, 'When any ten
'esident owners of real property in
my such city or incorporated town,
r any portion thereof, shall petition
he city or town council to take steps
oward making of any such local inn
etc, it thereupon being
he duty Of the city or town council
o proceed as required in the CON
truction of the Improvement. This
ection Of the statute was construed
y the supreme court Of Arkansas in
he case Of board of Improvement,
district No. so, ". Cotter, II Ark, 556,
$ requiring the signers Of the petit
on to be not only owners of real
roperty within the district to be i'm
roved, but actual residents therein.
8. The word resident" is used in
statute as an adjective describing
nd defining the kind or class Of own !
rs, and IL the petitioner must be an
wner Of real estate within the i'm J
rovement district, where it embraces I
SIS than the limits Of the munich {
iity, he must likewise be the kind J
: class Of owner described in the :
atute, namely; a resident n .
2. Under the code, parties to an ac- !.
on are required to state facts con-
their cause of action or I
'ound of defense in their ~pleadings. !
estoppel to be available on the |
must be specially pleaded where
ere has been an opportunity for SO
1t.
Opinions by Roberts, j., Parker, C..
and Reynolds, concurring.
e