Esquibel v. Chaves
New Mexico Supreme Court
Appeal from the district court of San Miguel county, before William J. Mills, Chief Justice. Where a statute confers a new right privilege or immunity, the grant is strictly construed, and the mode prescribed for its acquisition, preservation, enforcement and enjoyment is mandatory. Sutherland on Statutory Construction, sec. 458; U. S. v. Arredondo, 6 Pet. 725. In the construction of a statute every word is, if possible, to be given some effect.
Read the full summary
Appeal from the district court of San Miguel county, before William J. Mills, Chief Justice. Where a statute confers a new right privilege or immunity, the grant is strictly construed, and the mode prescribed for its acquisition, preservation, enforcement and enjoyment is mandatory. Sutherland on Statutory Construction, sec. 458; U. S. v. Arredondo, 6 Pet. 725. In the construction of a statute every word is, if possible, to be given some effect. Allen v. Louisiana, 103 U. S. 80, at 84-85; Market Co. v. Hoffman, 100 U. S. 112. The Republican party did not acquire the exclusive right to use the…
1Opinion of the Court
OPINION OF THE COURT.
POPE, J.,
1 (after stating the facts). — The conclusion which we reach in this case does not necessitate any difference with the court below as to the findings of fact, for the reason, that conceding the correctness of such findings we are of the opinion that they fail to sustain the conclusions of law reached by the learned trial judge. It may be properly assumed, in view of the findings below, that the republican party at its convention on the twenty-first day of October, 1902, held for the purpose of nominating candidates for office in San Miguel county, by resolution,…
2Cases cited8 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891
- Kirk v. RhoadsCalifornia Supreme Court · 1873
- West v. RossSupreme Court of Missouri · 1873
- Farnham v. BolandCalifornia Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gebhardt v. Village of Lagrange ParkIllinois Supreme Court · 1933
- Bryan v. BarnettNew Mexico Supreme Court · 1930
- Delgado v. DelgadoNew Mexico Supreme Court · 1938
- State ex rel. Read v. CristNew Mexico Supreme Court · 1919
- Southern States Life Insurance Co. v. McCauleyNew Mexico Supreme Court · 1970
2 more not listed; retrieve them via the Exa API.