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70 N.M. 300

Goodner v. State Tax Commission

New Mexico Supreme Court

Decided July 26, 1962

New Mexico Supreme Court · decided 1962-07-26

Relies on State Ex Rel. State Tax Commission v. First Judicial District Court · General Telephone Co. v. State Tax Commission

Decided 1962-07-26

CARMODY, Justice.

¶1Appellees sought and obtained from the trial court equitable relief striking a ten-year assessment of omitted property.

¶2The case is controlled by General Tel. Co. of Southwest v. State Tax Comm., 1962, 69 N.M. 403, 367 P.2d 711; and State ex rel. State Tax Comm. v. First Judicial District Court, 1961, 69 N.M. 295, 366 P.2d 143. Appellees have an adequate remedy at law by paying the amount of the taxes assessed, under protest, and thereafter instituting suit thereon.

¶3The cause is reversed, with instructions to the district court to set aside its judgment and dismiss the proceeding.

¶4IT IS SO ORDERED.

COMPTON, C. J., and CHAVEZ, J., concur.MOISE and NOBLE, JJ., not participating.
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