State v. Chaves de Armijo
New Mexico Supreme Court
Appeal from the District Court of Santa Fe County; Edmund C. Abbott, District Judge; Laws of Territory, not inconsistent with the Constitution, shall remain in force. Const. N. M., art. XXII, sec. 4; Id., sec. 9. Women may hold the office of notary public and such other appointive offices as may be provided by law. Const.
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Appeal from the District Court of Santa Fe County; Edmund C. Abbott, District Judge; Laws of Territory, not inconsistent with the Constitution, shall remain in force. Const. N. M., art. XXII, sec. 4; Id., sec. 9. Women may hold the office of notary public and such other appointive offices as may be provided by law. Const. (N. M.), art. XX, sec. 77. In all the courts of this Territory, the common law as recognized in the Dnited States of America, shall be the rule of practice and decision. C. L. 1897, sec. 2871; Browning v. Browning, 3 N. M. 671; sec. 1823, C. L. 1884. Eight of women to hold…
1Opinion of the Court
OPINION OF THE COURT.
BOBEKTS, C. J.
This is a quo warranto proceeding to oust the respondent from the office of State Librarian. The sole basis for the proceeding is the fact of the alleged ineligibility of the respondent to hold the office on account of sex, she being a woman. The District Court held that the respondent was eligible and dismissed the petition, and the State appealed.
A discussion of the matter involved would seem naturally to present the following inquiries, viz:—
1. What is the nature of the right to hold public office, and what is the source of that right?
2. What provision,…
2Cases cited18 opinions
- Minor v. HappersettSupreme Court of the United States · 1875
- Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861
- Swayne v. Lone Acre Oil Co.Texas Supreme Court · 1905
- Robinson's CaseMassachusetts Supreme Judicial Court · 1881
- In re LeachIndiana Supreme Court · 1893
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3Cited by9 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1998
- Griego v. OliverNew Mexico Supreme Court · 2013
- Martinez v. CookNew Mexico Supreme Court · 1952
- Kysar v. BP Am. Prod. Co.New Mexico Court of Appeals · 2012
4 more not listed; retrieve them via the Exa API.