Legal Opinion

Gray v. Taylor

Supreme Court of the United States

Decided January 20, 1913No. Nos. 322 and 483PublishedCited by 30 opinions

APPEALS PROM THE SUPREME COURT OP THE TERRITORY OF NEW MEXICO. The facts-are stated in the opinion. Chapter 80 of the Laws of 1909, relied on as the basis of the right to change the county seat in question, is both a local law, and also a special law, and if otherwise legally enacted is in violation of the Springer Act of July 30, 1880, and is illegal and void and conferred no right to change a county seat in New Mexico.

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APPEALS PROM THE SUPREME COURT OP THE TERRITORY OF NEW MEXICO. The facts-are stated in the opinion. Chapter 80 of the Laws of 1909, relied on as the basis of the right to change the county seat in question, is both a local law, and also a special law, and if otherwise legally enacted is in violation of the Springer Act of July 30, 1880, and is illegal and void and conferred no right to change a county seat in New Mexico. As to what constitutes a local, special act, or private acts, see People v. Supervisors, 43 N. Y. 16; Matter v. Henneberger, 155 N. Y. 424-427; People v. O’Brien, 38 N. Y.…

1Opinion of the CourtJustice Holmes

The first of these suits is a bill in equity brought by taxpayers to restrain the County Commissioners of Lincoln County from erecting a court house and jail in the town of Carrizozo, the board assuming that the county seat has been changed from Lincoln to that town. The second is a quo warranto at the relation of a tax-payer against the same board to stop the same and other proceedings taken by the board on the same ground. The Supreme Court of the Territory affirmed a decree dismissing the bill and also a judgment denying the quo warranto. 15 N. Mex. 742. 16 N. Mex. 467. Both cases raised…

2Cases cited5 opinions

  1. Gardner v. CollectorSupreme Court of the United States · 1868
  2. Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
  3. Ritchie v. Franklin CountySupreme Court of the United States · 1875
  4. Fox v. HaarstickSupreme Court of the United States · 1895
  5. Treat v. Grand Canyon Railway Co.Supreme Court of the United States · 1912

3Cited by30 opinions

  1. De Castro v. Board of Comm'rs of San JuanSupreme Court of the United States · 1944
  2. Alzua v. JohnsonSupreme Court of the United States · 1913
  3. State ex rel. Buford v. DanielSupreme Court of Florida · 1924
  4. City of Fort Worth v. BobbittTexas Supreme Court · 1931
  5. State v. First State Bank of JudNorth Dakota Supreme Court · 1924

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