Legal Opinion

Herbert v. Board of County Commissioners

New Mexico Supreme Court

Decided July 25, 1913No. 1575PublishedCited by 13 opinions

Appeal from the District Court of Chaves County; John T. McClure, District Judge; All laws of -the Territory in force at time of admission into the Union, not inconsistent with the Constitution, remain in force. Const., art. XXII, sec. 4; People v. County Conxmrs. of Grand Co., 6 Colo. 202; State v. Edwards, (Mont.) Ill Pac. 734; Ex parte Schriber, (Idaho(, 114 Pac. 29; Lace v. People, (Colo.) 95 Pac. 302; State v. Dircks, (Mo.) Ill S. W. 1; Cahoon v. Commonwealth, 20 Grat.

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Appeal from the District Court of Chaves County; John T. McClure, District Judge; All laws of -the Territory in force at time of admission into the Union, not inconsistent with the Constitution, remain in force. Const., art. XXII, sec. 4; People v. County Conxmrs. of Grand Co., 6 Colo. 202; State v. Edwards, (Mont.) Ill Pac. 734; Ex parte Schriber, (Idaho(, 114 Pac. 29; Lace v. People, (Colo.) 95 Pac. 302; State v. Dircks, (Mo.) Ill S. W. 1; Cahoon v. Commonwealth, 20 Grat. (Ya.) 733; Wright v. Woods, (I£y.) 27 S. W. 979; State v .Third Judicial District Court, (Mont.) 37 Pac. 7; Commonwealth…

1Opinion of the Court

OPINION OP THE COURT.

ROBERTS, C. J. —

This action was instituted in the court below by appellant, who is the tax assessor of Chaves Count], to recover compensation for his services from the County of Chaves, as such official. The ease at bar presents no features that have not been airead] fully considered and decided by this court. In the case of State v. Romero, 124 Pac. 649, we held that,

“The compensation of a county officer, under the provisions of section 1 of article X of the Constiution, is dependent upon the enactment by the legislature of a salary law, and he can not recover for his…

2Cases cited2 opinions

  1. State ex rel. Ward v. RomeroNew Mexico Supreme Court · 1912
  2. State ex rel. Delgado v. RomeroNew Mexico Supreme Court · 1912

3Cited by13 opinions

  1. Sellman v. HaddockNew Mexico Supreme Court · 1957
  2. American Trust & Savings Bank v. ScobeeNew Mexico Supreme Court · 1924
  3. Turnipseed v. BlanSupreme Court of Alabama · 1933
  4. Page v. Town of GallupNew Mexico Supreme Court · 1920
  5. Mann v. WhitelyNew Mexico Supreme Court · 1931

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