State ex rel. Delgado v. Sargent
New Mexico Supreme Court
Appeal from tlie District Court of Santa Fe Count y; Edmund C. Abbott, District Judge; Did the legislature of 1912 put the money, specified in chapter 135, Laws 1909, beyond the control of the auditor and treasurer so far as the continuance of payments is concerned? Laws 1905, ch. 5; Laws 1909, ch. 135; Const., art. IV, sec. 30; Session Laws 1912, ch. 83. Construction of statutes.
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Appeal from tlie District Court of Santa Fe Count y; Edmund C. Abbott, District Judge; Did the legislature of 1912 put the money, specified in chapter 135, Laws 1909, beyond the control of the auditor and treasurer so far as the continuance of payments is concerned? Laws 1905, ch. 5; Laws 1909, ch. 135; Const., art. IV, sec. 30; Session Laws 1912, ch. 83. Construction of statutes. Laws 1912, ch. 83; Laws 1909, ch. 135; Laws 1905, ch. 6; Laws 1887, ch. 47; Laws 1899, ch. 91; Laws 1897, ch. 37; C. L. 1897, secs. 1762-1764a; Laws 1897, ch. 38. Kepeals by implication not favored in law. McAfee v.…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J. —
This is an action brought by the State on the relation of Thomas P. Delgado, as treasurer of the fire department of the City of £>anta Fe, against William G-. Sargent, Auditor of the State, to compel the payment of the sum of $1200.00 to relator as such treasurer. The respondent answered the alternative writ and alleged as cause for his refusal to issue his warrant for said sum, that there were no funds available for the payment of such warrant by reason of the fact that the legislature of 1912 had diverted the fund into the state salary fund. The District…
2Cases cited4 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- State ex rel. Jackson v. Board of County CommissionersSupreme Court of Kansas · 1908
- People v. CarrollCalifornia Court of Appeal · 1912
- McConnell v. AllenAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by8 opinions
- Sellers v. FrohmillerArizona Supreme Court · 1933
- State, Ex Rel. Coll v. CarruthersNew Mexico Supreme Court · 1988
- State ex rel. Whittier v. SaffordNew Mexico Supreme Court · 1923
- Hodges v. City of RoswellNew Mexico Supreme Court · 1926
- Gamble v. VelardeNew Mexico Supreme Court · 1932
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