Territory of New Mexico ex rel. Stockard v. Mayor of Roswell
New Mexico Supreme Court
Appeal from the District Court for Chaves County, before E. R. Wrtgut, Associate Justice. Where a petition qf a certain number of rate-payers or residents is required to initiate proceedings for a public purpose, any person pigping the petition has the absolute right to withdraw his name at any time before the tribunal has finally acted. Dutton v. Hanover, 42 Ohio St. 215; Littcll v. Vermillion County, 198 111. 205; La Londe v. Barron County, 80 Wis. 380; People ex rel. Wm.
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Appeal from the District Court for Chaves County, before E. R. Wrtgut, Associate Justice. Where a petition qf a certain number of rate-payers or residents is required to initiate proceedings for a public purpose, any person pigping the petition has the absolute right to withdraw his name at any time before the tribunal has finally acted. Dutton v. Hanover, 42 Ohio St. 215; Littcll v. Vermillion County, 198 111. 205; La Londe v. Barron County, 80 Wis. 380; People ex rel. Wm. B. Irwin, ot al. v. Sawyer, 52 N. Y. 296; Davis v. Henderson. 104 S. W. 1009, Ivy.; Irwin v. Mobile, 57 Ala. 6; Theuror…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, J.
(After stating the facts as above.) In the brief for the relator, it is claimed that in the return of the respondents to the alternative writ inconsistent defenses were set up, and that therefore the peremptory writ was properly awarded. In the relator's motion to award the peremptory writ, that ground is not specified, and it ’is not therefore a question which was decided by the trial court, and is not here for review.
There remain but two questions between the parties for determination by this court, or one question with two branches, namely, whether an elector…
2Cases cited5 opinions
- Littell v. Board of SupervisorsIllinois Supreme Court · 1902
- La Londe v. Board of SupervisorsWisconsin Supreme Court · 1891
- People Ex Rel. Irwin v. . SawyerNew York Court of Appeals · 1873
- Davis v. HendersonCourt of Appeals of Kentucky · 1907
- City of Elwood v. LaughlinIndiana Court of Appeals · 1902
3Cited by14 opinions
- Uhl v. CollinsCalifornia Supreme Court · 1932
- Halgren v. Welling, SEC. of StateUtah Supreme Court · 1936
- Crosthwait v. WhiteNew Mexico Supreme Court · 1951
- Knowlton v. HezmalhalchCalifornia Court of Appeal · 1939
- In Re Initiative Petition No. 2Supreme Court of Oklahoma · 1935
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