2018 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 1 - Limitations of Actions
Section 37-1-19 - Applicability of limitations.]

Universal Citation: NM Stat § 37-1-19 (2018)
37-1-19. Applicability of limitations.]

The above limitations and provisions shall not apply to evidences of debt intended to circulate as money; but shall, in other respects, be applicable in all other actions brought by or against all bodies corporate or politic, except when otherwise expressly declared.

History: Laws 1880, ch. 5, § 19; C.L. 1884, § 1879; C.L. 1897, § 2932; Code 1915, § 3361; C.S. 1929, § 83-116; 1941 Comp., § 27-118; 1953 Comp., § 23-1-19.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Statute of limitations does not run against the state and is not made applicable to the state itself by the wording of this section, which makes the limitations applicable only to actions brought by "all bodies corporate or politic." Board of Educ. v. Standhardt, 1969-NMSC-118, 80 N.M. 543, 458 P.2d 795.

Unless expressly provided or necessarily implied, statutes of limitation do not apply to the sovereign. In re Will of Bogert, 1958-NMSC-104, 64 N.M. 438, 329 P.2d 1023.

Action by state on official bond. — Two-year limitation statute was not applicable to a state's action against a surety on official bond of delinquent tax collector, where state was not mentioned in statute or included by implication. State v. Roy, 1937-NMSC-026, 41 N.M. 308, 68 P.2d 162.

Statute runs against county and other political subdivisions, including school districts, unless such may be deemed to be an arm of the state because of the particular governmental functions or purposes involved. Board of Educ. v. Standhardt, 1969-NMSC-118, 80 N.M. 543, 458 P.2d 795.

School district or board. — If a school district or board of education has the power or duty to contract, lease, issue bonds, sue and be sued and hold both real and personal property then it is a body corporate and politic, and where the obligation sued upon is one owed solely to the school district as administered by board of education, it is the real party in interest, against which the statute of limitations may run. Board of Educ. v. Standhardt, 1969-NMSC-118, 80 N.M. 543, 458 P.2d 795.

Municipality is a body corporate or politic and is subject to statutes of limitation. Hurley v. Village of Ruidoso, 2006-NMCA-041, 139 N.M. 306, 131 P.3d 693.

Recovery of wrongfully collected unemployment benefits. — Suit by the New Mexico department of labor to collect unemployment compensation benefits wrongfully collected by debtor while employed was an action for the benefit of a state fund, not for a private individual or corporation, and the state was the real party in interest. New Mexico Dep't of Labor v. Valdez, 136 Bankr. 874 (Bankr. D.N.M. 1992).

The state is not included in "bodies politic and corporate." 1925-26 Op. Att'y Gen. No. 26-3899.

Statute of limitations does not run against the state in action to recover on official bond. 1947-48 Op. Att'y Gen. No. 47-5019.

This section is the exception that causes the statutes of limitations to run against subdivisions of the state. 1969-70 Op. Att'y Gen. No. 70-25.

County or municipal hospital. — A county or municipal hospital would be either a "corporate" or "politic" body as defined in this section. 1969-70 Op. Att'y Gen. No. 70-25.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Limitations of Actions §§ 397, 399 to 402, 409 to 412, 416 to 421; 53A Am. Jur. 2d Money §§ 1, 5, 6, 8, 9, 10.

Claim of government as within provision of nonclaim statute, 34 A.L.R. 1003.

Limitation period as affected by requirement of notice or presentation of claim against governmental body, 3 A.L.R.2d 711.

Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.

54 C.J.S. Limitations of Actions §§ 17 to 19, 32.

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