Territory ex rel. Curran v. Gutierrez
New Mexico Supreme Court
Appeal from tbe district court of Bernalillo county, before B. S. Baker, Associate Justice. Tbe statute appointing tbe defendants to office is not a rightful exercise of legislative authority..
Read the full summary
Appeal from tbe district court of Bernalillo county, before B. S. Baker, Associate Justice. Tbe statute appointing tbe defendants to office is not a rightful exercise of legislative authority.. Calder v. Bull, 3 Dali. 388, et seq.; Cooley’s Constitutional Limitations (7 Ed.), 242-3; People v. Hurlbut, 24 Mich. 44; Nebraska v. Moores, 41 L. R. A. 627, and same case pp. 729-730; People v. Detroit, 28 Mich. 228; State v. Denney (Ind.), 21 N. E. 274, 282; Evansville v. State, 21 N. E. 267; Sutherland on Statutory Construction, secs. 67-70; Mechem on Pub. Officers, secs. 106-7, 123; Note in 48 L.…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, A. J.
1 From the above statement, it is apparent that there is but one question for the determination of this court, namely, the validity of section 3, chapter 27, Laws of 1903, as amended by section 1, chapter 49, Laws of 1903. This section is set out in full in the statement of the case and need not be repeated here. The original section made provision for an election to be held on the fourteenth day of April, 1903, for the purpose of electing two county commissioners, one probate judge and one assessor for the county of Bernalillo as the same would be constituted…
2Cases cited12 opinions
- Nicol v. AmesSupreme Court of the United States · 1899
- Mode v. BeasleyIndiana Supreme Court · 1896
- Scowden's AppealSupreme Court of Pennsylvania · 1881
- Commonwealth v. ClarkSupreme Court of Pennsylvania · 1844
- People v. BealobaCalifornia Supreme Court · 1861
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Scarbrough v. WootenNew Mexico Supreme Court · 1918
- Bradford v. ColeSupreme Court of Oklahoma · 1923
- Welch v. HollandSupreme Court of Oklahoma · 1936
- State ex rel. Rives v. HerringNew Mexico Supreme Court · 1953
- Gutierrez v. Territory of New Mexico ex rel. CurranNew Mexico Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.