State ex rel. Read v. Crist
New Mexico Supreme Court
Appeal from District Court, Santa Fe County; Raynolds, Judge. Proceedings by tbe State of New Mexico, on relation of Alexander Read against Jacob H. Crist. Judgment for respondent, and relator appeals. Sec. 1993, Code 1915, is mandatory, not directory, and ballots cast in violation thereof were void.
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Appeal from District Court, Santa Fe County; Raynolds, Judge. Proceedings by tbe State of New Mexico, on relation of Alexander Read against Jacob H. Crist. Judgment for respondent, and relator appeals. Sec. 1993, Code 1915, is mandatory, not directory, and ballots cast in violation thereof were void. Slaymaker v. Phillips, 47 L. R. A. 842; Art. 7 State Const.; Art. 22, Sec. 4, State Const; Gomez v. Timón, 128 S. W. 656; Bowers v. Smith, 16 L. R. A. 754; Esquibel v. Chaves, 12 N. M. 482; People v. Rinehard, 161 Mich. 585, 126 N. W. 704; Horsefall v. School District, 143 Mo. App. 541, 128 S.…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, C. J.
At the general election in November, 1916, the relator, Alexander Read, was the Republican candidate for the office of district attorney for the First Judicial District of the state, and the respondent, Jacob H. Crist, was the Democratic and Fusion candidate for said office. The respondent was declared by the state canvassing board to have been elected by 85 votes over the relator, and was given his certificate of election by that body. It appears from the findings of the court that 3,000 or 4,0.00 ballots, fac similes of the regular state and Santa Fe county…
2Cases cited39 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- Parvin v. WimbergIndiana Supreme Court · 1892
- People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Taylor v. TaylorSupreme Court of Minnesota · 1865
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3Cited by12 opinions
- Gunaji v. MacIasNew Mexico Supreme Court · 2001
- Craig v. PetersonIllinois Supreme Court · 1968
- Valdez v. HerreraNew Mexico Supreme Court · 1944
- Klumker v. Van AllredNew Mexico Supreme Court · 1991
- STATE EX REL. LEAGUE v. HerreraNew Mexico Supreme Court · 2009
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