Territory of New Mexico ex rel. Ma. Sandoval v. Albright
New Mexico Supreme Court
Appeal from the district court of Bernalillo county-before Benjamin S. Baker, Associate Judge. Mistaken assumptions of law or fact by the Legislature are not binding upon the courts. In the matter of John Hersom, 39 Maine 481-482; Postmaster General v. Early, 12 Wheat. 148; Van Norman v. Jackson, 45 Mich. 204; Byrd v. State, 57 Miss. 243, 34 Am.
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Appeal from the district court of Bernalillo county-before Benjamin S. Baker, Associate Judge. Mistaken assumptions of law or fact by the Legislature are not binding upon the courts. In the matter of John Hersom, 39 Maine 481-482; Postmaster General v. Early, 12 Wheat. 148; Van Norman v. Jackson, 45 Mich. 204; Byrd v. State, 57 Miss. 243, 34 Am. R. 440; Davis v. Delpit, 25 Miss. 445; The Amelia, 1 Cranch, 35.; S<ens v. Tobias, 3 Paige 344; Lasher v. People, 183 111.. 226, 47 L. R. A. 802. The law does not require a county assessor to be a resident of his county. Territorial Organic Act, secs.…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
In deciding this case in the court below, the learned judge who tried the cause, held that, section 3 of chapter 27, Laws of 1903, and section 1, chapter 19, Laws of 1903, in effect, declared the office of assessor of Bernalillo county vacant. In construing these sections the court arrived at the conclusion, that it was the intention of the Legislature to declare that office vacant and therefore, although those sections do not contain a declaration to that effect, the court was of the opinion that those sections should be given, the effect of such a declaration.…
2Cases cited7 opinions
- District of Columbia v. HuttonSupreme Court of the United States · 1892
- Post Master General v. EarlySupreme Court of the United States · 1827
- State ex rel. Hardwick v. SwearingenSupreme Court of Georgia · 1852
- State ex rel. Attorney General v. GeorgeSupreme Court of Florida · 1887
- Norwood v. HoldenSupreme Court of Minnesota · 1891
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3Cited by3 opinions
- Albright v. Sandoval (No. 2)Supreme Court of the United States · 1910
- Albright v. Territory of New Mexico Ex Rel. SandovalSupreme Court of the United States · 1906
- Sandoval v. AlbrightNew Mexico Supreme Court · 1908