Legal Opinion

Klutts v. Jones

New Mexico Supreme Court

Decided June 13, 1916No. 1871PublishedCited by 9 opinions

Appeal from District Court, Eoosevelt County; John T. McClure, Judge. Action by William D. Elutts and others against Moses B. Jones and others. 'From judgment for defendants, plaintiffs appeal.

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Appeal from District Court, Eoosevelt County; John T. McClure, Judge. Action by William D. Elutts and others against Moses B. Jones and others. 'From judgment for defendants, plaintiffs appeal. Eesidence is synonymous with domicile and sec. 11 of art. 9, State Const., contemplates that elector must have had his home in New Mexico 12 months, in the county ninety days and the precinct 40' days immediately prior to election. 14 Cyc. 835, note 19, L. E. A. (N. S.) 759; 9 E. C. L. (Elections), sec. 46, p. 1030; State v, Savre, 113 Am. St. Eep. 452; Beny v. Hull, 6 N. M. 643. Mae Culberson was not…

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, C. J.

On April 6, 1914, an election was held in school district No. 30, Boosevelt county, N. M\, to determine whether the bonds of said district in -the sum of $5,000 should be issued for the purpose of building a sehoolhouse in said district. In the election 59 votes were east and counted for the issuance of the bonds, and 58 votes were cast and counted against ’the issuance of the bonds. The appellants, among other things, in tbeir second amended complaint, alleged that one vote cast and counted in said election for the issuance of the bonds, to wit, the vote of…

2Cases cited10 opinions

  1. Dale v. IrwinIllinois Supreme Court · 1875
  2. Pedigo v. GrimesIndiana Supreme Court · 1887
  3. Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
  4. Astley v. CapronIndiana Supreme Court · 1883
  5. Berry v. WilcoxNebraska Supreme Court · 1895

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. City of Raton v. SprouleNew Mexico Supreme Court · 1967
  2. Perez v. Health and Social ServicesNew Mexico Court of Appeals · 1977
  3. State v. WatkinsNew Mexico Court of Appeals · 1979
  4. Klumker v. Van AllredNew Mexico Supreme Court · 1991
  5. American Commerce Insurance v. BachichaDistrict Court, D. New Mexico · 2003

4 more not listed; retrieve them via the Exa API.

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