Legal Opinion · Dissent

Board of County Com'rs of Bernalillo County v. McCulloh

New Mexico Supreme Court

Decided June 21, 1948No. 5096Published

1Dissent

We need not go beyond previous decisions of our own court to settle the primary question presented for decision by the record on this appeal. Tom v. Board of County Commissioners, 43 N.M. 292, 92 P.2d 167, and Board of County Commissioners v. State,43 N.M. 409, 94 P.2d 515.

The majority concede that the strongest argument raised against lending approval to the bond issue in question arises on a comparison of sections 10 and 11 of Article 9 of the state constitution. For convenience in contrasting them, we set them out side by side as follows:

Sec. 10. "No county shall borrow Sec. 11. "No school…

2Cases cited16 opinions

  1. Hudgins v. Mooresville Consolidated School DistrictSupreme Court of Missouri · 1925
  2. Moon v. AlredCourt of Appeals of Texas · 1925
  3. Board of Com'rs of Guadalupe County v. StateNew Mexico Supreme Court · 1939
  4. Chase v. LujanNew Mexico Supreme Court · 1944
  5. Oklahoma County, Excise Board v. KurnSupreme Court of Oklahoma · 1941

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