State ex rel. Clancy v. Porter
New Mexico Supreme Court
Appeal from District Court, Curry County; Richardson, Judge. Quo warranto by the State of New Mexico, on relation of F. W. Clancy, Attorney General, against B. M. Porter and others. From a judgment dismissing the proceeding, relator appeals. Action of County Commissioners in incorporation a village is subject to attack on ground petition therefor was signed by less than qualified electors.
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Appeal from District Court, Curry County; Richardson, Judge. Quo warranto by the State of New Mexico, on relation of F. W. Clancy, Attorney General, against B. M. Porter and others. From a judgment dismissing the proceeding, relator appeals. Action of County Commissioners in incorporation a village is subject to attack on ground petition therefor was signed by less than qualified electors. Sec. 3765, 3766, Code 1915; Black on Judgments, See. 282; In re Madero Bonds, 28 Pac. 272, 14 L. R. A. 755; 11 Cye. 398 and cases cited; Kansas Town & Land Co. v. Allen (Kan.), 51 Pac. 804; Com. Court…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, J.
This is a quo warranto proceeding, and was instituted in the district court of Curry county by the state on relation of Frank W. Clancy, Attorney General, against the respondents and appellees to inquire by what right respondents were exercising the functions and enjoying the privileges and benefits of certain purported and pretended offices in the purported and pretended village of Melrose, in Curry county; it being alleged that said purported and pretended village had never been incorporated in the manner and form prescribed by law.
Respondents filed their…
2Cases cited8 opinions
- Ogden City v. ArmstrongSupreme Court of the United States · 1897
- Mulligan v. SmithCalifornia Supreme Court · 1881
- Damp v. Town of DaneWisconsin Supreme Court · 1872
- Miller v. . City of AmsterdamNew York Court of Appeals · 1896
- Zeigler v. HopkinsSupreme Court of the United States · 1886
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3Cited by4 opinions
- Kenney v. Bank of MiamiArizona Supreme Court · 1918
- Citizens for Incorporation, Inc. v. Board of County CommissionersNew Mexico Court of Appeals · 1993
- State Ex Rel. Quimby v. City of RenoNevada Supreme Court · 1955
- State Ex Rel. Garcia v. MartinezNew Mexico Supreme Court · 1969