Legal Opinion

Fabro v. Town of Gallup

New Mexico Supreme Court

Decided July 17, 1909No. 1238PublishedCited by 3 opinions

Appeal from the District Court for McKinley County, before Ira A. Abbott, Associate Justice. The voters of the town contemplated in the statute, are those who, after the required notice, come to the polls and deposit their ballots. ' St. Joseph v. Rogers, 16 W-all. 614, 646, 649, 664; Ilarshman v. Bates Co., 9-2 D. S. 569; Cass Co. v. Johnston, 95 U. S. 365, 366, 369; State v. Winkelmeier, 35 Mo. 103; State v. Mayor of St. Joseph, 37 Mo. 270; Hawkins v. Carroll Co., 50 Miss.…

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Appeal from the District Court for McKinley County, before Ira A. Abbott, Associate Justice. The voters of the town contemplated in the statute, are those who, after the required notice, come to the polls and deposit their ballots. ' St. Joseph v. Rogers, 16 W-all. 614, 646, 649, 664; Ilarshman v. Bates Co., 9-2 D. S. 569; Cass Co. v. Johnston, 95 U. S. 365, 366, 369; State v. Winkelmeier, 35 Mo. 103; State v. Mayor of St. Joseph, 37 Mo. 270; Hawkins v. Carroll Co., 50 Miss. 735; State v. Sutterfield, 54 Mo. 391; Carroll Countjr v. Smith, 111 U. S. 557, 563-565; Sanford v. Prentice, 28 Wis.…

1Opinion of the Court

OPINION 02? THE COURT.

McFIE, J.

The Act of Congress authorizes the issuance of such bonds, notwithstanding the' limitations of the act of July 30, 1886, with the following proviso:

“PROVIDED, That before any bonds shall be issued the mayor and common council of said chartered municipal corporations shall cause an election to be held in such city or town, and the mayor and common council of such municipal corporation shall cause to be published, in a newspaper of general circulation published in such city or town, a notice of the time and place or places of holding such election. Such notice…

2Cases cited21 opinions

  1. Carroll County v. SmithSupreme Court of the United States · 1884
  2. County of Cass v. JohnstonSupreme Court of the United States · 1877
  3. St. Joseph Township v. RogersSupreme Court of the United States · 1873
  4. Harshman v. Bates CountySupreme Court of the United States · 1876
  5. Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898

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3Cited by3 opinions

  1. In Re East Bay Etc. Water Bonds of 1925California Supreme Court · 1925
  2. State Ex Rel. Witt v. State Canvassing BoardNew Mexico Supreme Court · 1968
  3. Chase v. LujanNew Mexico Supreme Court · 1944

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