Johnston v. Board of County Commissioners
New Mexico Supreme Court
Appeal from the district court of Bernalillo, county before Benjamin S. Baker, Associate Judge. The salary provided for the district attorney of Bernalillo county to be paid by the county is $600 per annum. Comp. Laws 1897, sec. 2578. The court cannot incorporate into a contract what has been omitted by the parties to the same. Hudson Canal Co. v. Penn.
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Appeal from the district court of Bernalillo, county before Benjamin S. Baker, Associate Judge. The salary provided for the district attorney of Bernalillo county to be paid by the county is $600 per annum. Comp. Laws 1897, sec. 2578. The court cannot incorporate into a contract what has been omitted by the parties to the same. Hudson Canal Co. v. Penn. Coal Co., 8 Wall. 290. ' Nor is the court at liberty either to disregard words used by the parties, or to insert words which the parties have not made use of. Harrison y. Fortlage, 161 U. S. 63. The court cannot make, but only enforce…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J.
1 The first cause of action is an unpaid balance of salary as district attorney. This, like all other current expense items of the county, was subject to the provisions of what is known as the Bateman Act, the pertinent sections whereof, as they appear in the Compiled Laws of 1897, are as follows:
“Sec. 299. From and after the date of the passage of this act it shall be unlawful for any board of county commissioners, city council, town trustees, board of education, board of trustees, or board of school directors of any school district, for any purpose whatever to…
2Cases cited2 opinions
- Callahan v. ShotwellSupreme Court of Missouri · 1875
- Gordon v. MillerCourt of Appeals of Maryland · 1859
3Cited by6 opinions
- Roe v. Sears, Roebuck & Co.Court of Appeals for the Seventh Circuit · 1943
- Cazares v. SaenzCalifornia Court of Appeal · 1989
- In Re Winston's WillNew Mexico Supreme Court · 1936
- State Ex Rel. Chesher v. BeallNew Mexico Supreme Court · 1937
- Baca v. Board of Com'rs of Socorro CountyNew Mexico Supreme Court · 1924
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