Legal Opinion

State ex rel. Delgado v. Romero

New Mexico Supreme Court

Decided March 23, 1912No. 1475PublishedCited by 27 opinions

Appeal from the District Court of San Miguel Count}', before David J. Leai-iy, The office of probate clerk and the office of clerk of the district court were abolished by State 'Constitution. State Constitution, Art. 6, sec. 22; Sec. 746, Comp.

Read the full summary

Appeal from the District Court of San Miguel Count}', before David J. Leai-iy, The office of probate clerk and the office of clerk of the district court were abolished by State 'Constitution. State Constitution, Art. 6, sec. 22; Sec. 746, Comp. Laws 1897; Chap. 60, sec. 4, laws 1905; Driscoll v. Jones, 44 N. W. 726. Though it should be held that the office of County Clerk is not a -new office created by the Constitution, yet all salaries formerly received by county officers were abolished by sec. 1, Art. 10, of the Constitution. 21 Wend. 584; 7 Am. & Eng. Annotated cases, 629; Veasey v.…

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, C. J.

Section 1 of Article 10 of the Constitution of the State of New Mexico is as follows:

1 “The legislature shall at its first session, classify the counties and fix salaries for all county officers, which shall also apply to those elected at the first election under this constitution. And no county officer shall receive to his own use any fees or emoluments other than the annual salary provided by law, and all fees earned by any officer shall be by him collected and paid into the treasury of the county.”

If the latter sentence of this provision is…

2Cases cited3 opinions

  1. Whitman v. Oxford National BankSupreme Court of the United States · 1900
  2. Merwin v. Board of County CommissionersSupreme Court of Colorado · 1901
  3. Board of County Commissioners v. LeonardSupreme Court of Colorado · 1899

3Cited by27 opinions

  1. Lytle v. Payette-Oregon Slope Irrigation DistrictOregon Supreme Court · 1944
  2. Fancher v. Board of CommissionersNew Mexico Supreme Court · 1921
  3. Hamilton v. Secretary of StateMichigan Supreme Court · 1924
  4. Norwood v. Eastern Oregon Land Co.Oregon Supreme Court · 1931
  5. Wren v. DixonNevada Supreme Court · 1916

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API