Any person interested in said district or in the issue or sale of said bonds, or in such other proceedings as may be in issue as herein provided, may demur to or answer said petition. The provisions of Chapter LXXXVIII respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The person so demurring and answering said petition shall be the defendant to the special proceedings and the board of directors shall be the plaintiff. Every material statement of the petition not specifically controverted by the answer shall, for the purpose of said special proceedings, be taken as true, and each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice relating to appeals and writs of error as provided by Chapter 43 Laws of 1917 which are not inconsistent with the provisions of this act are applicable to the special proceedings herein provided for; provided, appeals to the supreme court of the state involving the special proceedings herein mentioned shall be taken within twenty days, and shall be perfected within sixty days after the granting of any such appeal.
History: Laws 1919, ch. 20, § 56; C.S. 1929, § 73-157; 1941 Comp., § 77-2309; 1953 Comp., § 75-24-9.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The provisions of Chapter 88 of the 1915 Code relating to answers and demurrers have been superseded by the Rules of Civil Procedure for District Courts. See Rule 1-001 NMRA and 38-1-1 and 38-1-2 NMSA 1978. Rule 1-007 NMRA abolished the demurrer. See Rules 1-008 to 1-012 NMRA for provisions regarding answers and defenses. For appeals to the supreme court from special statutory proceedings see 12-601 NMRA.
Laws 1917, ch. 43, was virtually superseded by the Rules of Appellate Procedure.
For the meaning of the term "this act", see compiler's notes to 73-11-1 NMSA 1978.
For time periods for appeals in election cases, see Eturriaga v. Valdez, 109 N.M. 205, 209-210, 784 P.2d 24, 28-29 (1989).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 59.
94 C.J.S. Waters § 324.
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