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Legal Opinion

State ex rel. County Commissioners v. Romero

New Mexico Supreme Court

Decided April 27, 1914No. 1641; No. 1642PublishedCited by 15 opinions

Appeal from District Court of San Miguel County, David J. Leahy, Presiding Judge. Appeal from District Court of San Miguel County, David J. Leahy, Presiding Judge. The County Board alone has authority to draw warrants against the Road Fund. Secs. 1826, 1831, 1832, C. L. 1897; Chap. 1, Title 16, C.'L. 1897; Sec. 1855, Chap. 110, Laws 1903; Chap. 124, Laws 1905; Chap. 53, Laws 1907; Chap. 42, Laws 1909; Chap. 54, Laws 1912; 2 Cent. Diet.- 2078; 4 Cent.

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Appeal from District Court of San Miguel County, David J. Leahy, Presiding Judge. Appeal from District Court of San Miguel County, David J. Leahy, Presiding Judge. The County Board alone has authority to draw warrants against the Road Fund. Secs. 1826, 1831, 1832, C. L. 1897; Chap. 1, Title 16, C.'L. 1897; Sec. 1855, Chap. 110, Laws 1903; Chap. 124, Laws 1905; Chap. 53, Laws 1907; Chap. 42, Laws 1909; Chap. 54, Laws 1912; 2 Cent. Diet.- 2078; 4 Cent. Digest 3740. The drawing of all warrants on the Road Fund by the Eoad Board does not interfere with the discharge of duties by the County…

1Opinion of the Court

OPINION OF THE COURT.

MECHEM, District Judge.

In case Number 1642, the County Eoad Board of San Miguel County brought an action in Mandamus against the Treasurer of that county to compel him to honor its warrant drawn on the County Eoad Fund to pay for necessary supplies used in the construction of public roads in said county. The co.urt below denied the petition of the Eoad Board, and it has appealed.

In case Number 1641, The Board of County Commissioners of San Miguel County sued out a writ of Mandamus against the Treasurer of that county to compel him to honor its warrant on the County Eoad…

2Cases cited3 opinions

  1. Rodgers v. United StatesSupreme Court of the United States · 1902
  2. Frost v. WenieSupreme Court of the United States · 1895
  3. Territory of New Mexico v. RiggleNew Mexico Supreme Court · 1911

3Cited by15 opinions

  1. Farmers' State Bank of Texhoma v. Clayton Nat. BankNew Mexico Supreme Court · 1925
  2. State v. CouchNew Mexico Supreme Court · 1946
  3. Galvan v. City of AlbuquerqueNew Mexico Supreme Court · 1975
  4. Levers v. HoustonNew Mexico Supreme Court · 1945
  5. State v. MelendrezNew Mexico Supreme Court · 1945

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