Any person interested in said district, or in the issue or sale of said bonds, may demur to or answer said petition. The provisions of the Code of Civil Procedure respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The persons so demurring and answering said petition shall be defendant to the special proceeding, 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 proceeding, 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 provided by the Code of Civil Procedure which are not inconsistent with the provisions of this act are applicable to the special proceedings herein provided for.
History: Laws 1919, ch. 41, § 52; 1927, ch. 148, § 9; C.S. 1929, § 73-252; Laws 1935, ch. 36, § 11; 1941 Comp., § 77-2156; 1953 Comp., § 75-22-56.
ANNOTATIONSCompiler's notes. — The term "this act" refers to Laws 1919, ch. 41, §§ 1 to 57, effective March 10, 1919, the provisions of which are compiled as 73-9-1 to 73-9-6, 73-9-10 to 73-9-19, 73-9-22, 73-9-24 and 73-9-26 to 73-9-62 NMSA 1978.
Cross references. — For rules of procedure regarding answers, see Rules 1-008, 1-011, and 1-012 NMRA.
For rules regarding appeals to the supreme court, see Rules of Appellate Procedure.
For demurrers, pleas and exceptions for insufficiency of a pleading not to be used, see Rule 1-007(C) NMRA.
For the "Code of Civil Procedure" (now Rules of Civil Procedure for the District Courts), see Rule 1-001 NMRA et seq. and 38-1-1 and 38-1-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 67 to 69.
94 C.J.S. Waters § 345.