In all suits or proceedings by or against a county, the name in which the county shall sue or be sued shall be the board of county commissioners of the county of.........., but this provision shall not prohibit county officers, when authorized by law, from suing in their name of office for the benefit of the county.
§ 4-46-1 NMSA 1978
[Name for purpose of suit.]
Applied in 5 court decisions — leading case Farris v. Moeckel (1987)
Most recently applied in Lamendola v. Taos Cnty. Sheriff's Office (September 2018)
Laws 1876, ch. 1, § 4; C.L. 1884, § 335; C.L. 1897, § 654; Code 1915, § 1152; C.S. 1929, § 33-3701; 1941 Comp., § 15-4301; 1953 Comp., § 15-45-1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.