Legal Opinion · Dissent

Bull v. Southwick

New Mexico Supreme Court

Decided November 15, 1882Published

Appeals from tbe District Court of Doña Ana county These were proceedings under the statute to contest the respective elections of appellants to the offices of sheriff, treasurer and judge of probate for the county of Doña Ana, at an election held on November 2, 1880. By stipulation of counsel the three cases were heard and determined together in the court below, and they were in like manner argued and submitted in this court.

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Appeals from tbe District Court of Doña Ana county These were proceedings under the statute to contest the respective elections of appellants to the offices of sheriff, treasurer and judge of probate for the county of Doña Ana, at an election held on November 2, 1880. By stipulation of counsel the three cases were heard and determined together in the court below, and they were in like manner argued and submitted in this court. In the first case Thomas J. Bull served and filed notice of contest upon the respondent, James W. South wick, for the office of sheriff of Doña Ana county. In the…

1DissentPrince, Chief Justice

In the argument on the appeal in these cases it was agreed, in substance, that the question of fact relating to the legality of votes and eligibility of voters raised by the evidence should not be considered, but that the question as to the correctness of the ruling of the judge below in denying the application of the respondents for leave to amend their answer to the notice of contest, should alone be discussed. It was also stipulated by counsel that all of the three cases should be argued and considered together, as they were substantially the same, involving the same questions, and…

2Cases cited12 opinions

  1. United States v. FisherSupreme Court of the United States · 1805
  2. State ex rel. Off v. SmithWisconsin Supreme Court · 1861
  3. Saunders v. HaynesCalifornia Supreme Court · 1859
  4. Searcy v. GrowCalifornia Supreme Court · 1860
  5. Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859

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