Territory of New Mexico ex rel. Klock v. Mann
New Mexico Supreme Court
Appeal from tlie District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. District Attorneys are neither county nor territorial officials. Enabling Act, sec. 5; Sutherland ón Stat. Con., sec. 232; Hammock v. Loan and Trust Co., 105 IJ. S. 84; Stephens v. Cherokee Nation, 174 U. S. 480; IJ. S. v. Railroad Co., 164 D. S. 541; IJ.
Read the full summary
Appeal from tlie District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. District Attorneys are neither county nor territorial officials. Enabling Act, sec. 5; Sutherland ón Stat. Con., sec. 232; Hammock v. Loan and Trust Co., 105 IJ. S. 84; Stephens v. Cherokee Nation, 174 U. S. 480; IJ. S. v. Railroad Co., 164 D. S. 541; IJ. S. v, Lacher, 134 U. S. 628; U. S. v. Isham, 17 Wall. 502; Revised Statutes, sec. 1857; Meeden v. Board of Supervisors, 114 Pac. 974; Territory ex rel. Welter v. Witt, 1C N. M. 335. There was a vacancy in the office when the governor appointed.…
1Opinion of the Court
OPINION OF THE COURT.
WRIGHT, J.
1 2 The relator, George S. Klock, was appointed District Attorney for the Sixth District Attorney District of New Mexico, on February 18, 1909, by the then Governor of the Territory, and was duly confirmed Ivy the legislative council, as the law required, for the term of two years and until his successor should be appointed and qualified. On November 18, 1910, the present governor made an order which assumed to remove him from office, and on the same day another order appointing the respondent, Edward A. Mann, District Attorney in his place. In a decision…
2Cases cited5 opinions
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- Kimberlin v. State ex rel. TowIndiana Supreme Court · 1892
- People ex rel. Melony v. WhitmanCalifornia Supreme Court · 1858
- People ex rel. Laine v. TyrrellCalifornia Supreme Court · 1891
- Territory of New Mexico ex rel. Klock v. MannNew Mexico Supreme Court · 1911
3Cited by13 opinions
- People v. ShawyerWyoming Supreme Court · 1924
- Nogueras v. Hernández ColónSupreme Court of Puerto Rico · 1991
- Denish v. JohnsonNew Mexico Supreme Court · 1996
- Hooper v. AlmandSupreme Court of Georgia · 1943
- Kerr-McGee Nuclear Corp. v. New Mexico Environmental Improvement BoardNew Mexico Court of Appeals · 1981
8 more not listed; retrieve them via the Exa API.