Hyde v. Bryan
New Mexico Supreme Court
Appeal from District Court, Lincoln County; Med-ler, Judge. Suit for injunction by C. Walker Hyde against John L. Bryan and others. Judgment for plaintiff on the pleadings for default of answer, and defendants appeal. STATEMENT OP PACTS.
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Appeal from District Court, Lincoln County; Med-ler, Judge. Suit for injunction by C. Walker Hyde against John L. Bryan and others. Judgment for plaintiff on the pleadings for default of answer, and defendants appeal. STATEMENT OP PACTS. Pending an election contest case in the district court of Lincoln county between Henry M. Corn, contestant, and C. Walker Hyde, contestee, involving the office of sheriff, the contestee in that suit filed his petition in the case at bar to prevent the contestant, Corn, from having certain ballot boxes opened in the presence of the county commissioners for the…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
(after stating the facts as above). The principal point raised by appellants here (respondents below) is that the injunction granted in the trial court operated to deprive the defendant Corn from having the benefit, in his contest case, of section 1999, Code 1915, providing for the inspection of ballots by contesting parties in contested elections, a question, however, which is dependent upon the correctness of the trial court’s disposition of the case upon the pleadings. Appellants urge that their respective motion to dissolve the injunction should have been…
2Cases cited4 opinions
- McCullough v. ClarkCalifornia Supreme Court · 1871
- Webb v. BealNew Mexico Supreme Court · 1915
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. RudyIndiana Supreme Court · 1909
- Hearst v. HartCalifornia Supreme Court · 1900
3Cited by6 opinions
- Cox v. City of AlbuquerqueNew Mexico Supreme Court · 1949
- Kiehne v. AtwoodNew Mexico Supreme Court · 1979
- Dinwiddie v. Board of County CommissionersNew Mexico Supreme Court · 1985
- Williams v. City of TucumcariNew Mexico Supreme Court · 1926
- Mayer v. LaneNew Mexico Supreme Court · 1927
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