2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 6 - Drainage Districts; Formation
Section 73-6-42 - [Name; boundaries; corporation; powers.]

Upon entering of such order of confirmation of said preliminary report of record, such drainage district shall be, and is thereby declared to be organized as a drainage district by the name mentioned in said petition, or such other name as the court shall fix, with the boundaries fixed by the order confirming the report of said commissioners, to be a body corporate by said name fixed in said order, with the right to sue and be sued, to adopt and use a seal and to have perpetual succession.

History: Laws 1912, ch. 84, § 36; Code 1915, § 1912; C.S. 1929, § 40-142; 1941 Comp., § 77-1842; 1953 Comp., § 75-19-42.

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

Court does not organize corporation, but merely sits in judgment as a judicial tribunal to ascertain that certain required facts and conditions exist, the statute thereupon organizes the corporation. In re Dexter-Greenfield Drainage Dist., 1915-NMSC-097, 21 N.M. 286, 154 P. 382.

Municipal corporation may be sued at law and equity. — Municipal corporation, having capacity to sue and be sued, may be sued both at law and in equity whenever a cause of action exists against it. Roswell Drainage Dist. v. Parker, 53 F.2d 793 (10th Cir. 1931).

Satisfaction of judgment impossible. — Fact that creditor may not be able to obtain satisfaction of his judgment against municipal corporation does not affect his right to sue and obtain judgment. Roswell Drainage Dist. v. Parker, 53 F.2d 793 (10th Cir. 1931).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Personal injuries, liability of drainage district for, 33 A.L.R. 77.

28 C.J.S. Drains § 42 et seq.