Section 73-8-57 - Demurrers and answers to petition for validation of board proceedings. - New Mexico Statutes

73-8-57. [Demurrers and answers to petition for validation of board proceedings.]

Any person interested in the drainage district or in the issue or deposit of such bonds, or in such other proceedings as may be in issue as herein provided, may demur to or answer the petition. The provisions of Chapter LXXXVIII of the New Mexico Statutes Annotated, Codification of 1915, respecting demurrer or answer to a verified complaint, shall be applicable to such proceeding. Any person so demurring or answering the petition shall be deemed a defendant to such special proceedings, and the board of directors shall be deemed to be the plaintiff.   

Every material allegation of the petition not specifically controverted by answer, shall, for the purpose of such special proceeding, be taken as true; and each person failing to appear, demur or answer the petition shall be deemed to admit as true all the material allegations of the petition.   

The rules of pleading and practice relating to appeals and writs of error as provided by the aforesaid Chapter LXXXVIII which are not inconsistent with the provisions of this act [73-8-1 to 73-8-60 NMSA 1978], shall be applicable to the special proceedings herein provided for. Provided, appeals to the supreme court of the state, involving special proceedings herein mentioned, shall be taken within thirty days, and shall be perfected within sixty days after the granting of any such appeal.