Pleading existence of ordinance provisions violated.

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In all actions brought to enforce any ordinance, it shall be sufficient to state in the complaint or affidavit the number of the section and title of the ordinance violated without stating said section or ordinance in full or the substance thereof.

History: Laws 1884, ch. 39, § 104; C.L. 1884, § 1712; C.L. 1897, § 2517; Code 1915, § 3629; C.S. 1929, § 90-909; 1941 Comp., § 39-202; 1953 Comp., § 38-1-2; Laws 1959, ch. 169, § 2; 1975, ch. 87, § 1.

ANNOTATIONS

Complaint sufficient. — Complaint charging that defendant "did willfully and unlawfully commit the offense of selling intoxicating liquor to wit: whiskey, etc." was sufficient although it did not state it was sold for beverage purposes. City of Clovis v. Dendy, 1931-NMSC-007, 35 N.M. 347, 297 P. 141.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pleading § 9 et seq.

62 C.J.S. Municipal Corporations §§ 329, 333.


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