De Vigil v. Stroup
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, The de jure officer may recover from the de facto officer the salary and fees of the office received by the latter. Sandoval v. Albright, 93 Pac. Rep. 717, N. M., and cases cited pp. 718, 719; 1 Selwyn’s Nisi Prius. 81; Boyter v. Dodsworth, 6 Term Rep. 681; Allen v. McKean, 1 Sumner 317; Powell v. Milbank, 1 Term Rep. 399; Glasscock v. Lyons, 38 Am.
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Appeal from the District Court for Bernalillo County, The de jure officer may recover from the de facto officer the salary and fees of the office received by the latter. Sandoval v. Albright, 93 Pac. Rep. 717, N. M., and cases cited pp. 718, 719; 1 Selwyn’s Nisi Prius. 81; Boyter v. Dodsworth, 6 Term Rep. 681; Allen v. McKean, 1 Sumner 317; Powell v. Milbank, 1 Term Rep. 399; Glasscock v. Lyons, 38 Am. Dec. 299; -Howard v. Wood, 2 Lev. 245; Lightly v. Cloiinston, 1 Taunt. 112; Dolliver v. Parks, 136 Mass. 499; Schlenckér v. Risley, 3 Scammon 483, 38 Am. Dec. 101; Mayfield v. Moore, 53 111,…
1Opinion of the Court
OPINION OP THE COURT.
MECHBM, J.
1 I. It was settled in Albright v. Sandoval, 14 N. M. 345; 216 U. S. 340, that a de jure officer might recover from a de facto officer, fees and emoluments of the office which the de facto officer had wrongfully intruded upon and held. But in that case it was not necessary to advert to the question of title because therefore Albright had been ousted in a quo warranto proceeding brought by the attorney general to try his title.
The question here is, can a de jure officer recover from a de facto officer the fees and emoluments of the office without having first had…
2Cases cited4 opinions
- Hunter v. ChandlerSupreme Court of Missouri · 1870
- Glascock v. LyonsIndiana Supreme Court · 1863
- Albright v. Sandoval (No. 2)Supreme Court of the United States · 1910
- State ex rel. Bradshaw v. SherwoodSupreme Court of Missouri · 1868
3Cited by4 opinions
- State Ex Rel. Anaya v. McBrideNew Mexico Supreme Court · 1975
- Jaramillo v. State Ex Rel. Board of County Com'rsNew Mexico Supreme Court · 1926
- State Ex Rel. King v. SloanNew Mexico Supreme Court · 2011
- State Ex Rel. Anaya v. McBrideNew Mexico Supreme Court · 1975