Legal Opinion

Gonzales v. Gallegos

New Mexico Supreme Court

Decided August 23, 1900No. 850PublishedCited by 6 opinions

Appeals from the District Courts of Union and Guadalupe counties. Statement of the case by the court. By stipulation, the above four cases are to be considered as one. The facts being the same in all of the cases, the law is equally applicable to all. A record has been filed in the first case only, but by the stipulation, this record is to be considered the record in all and the decision rendered shall apply to, and dispose of all the cases.

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Appeals from the District Courts of Union and Guadalupe counties. Statement of the case by the court. By stipulation, the above four cases are to be considered as one. The facts being the same in all of the cases, the law is equally applicable to all. A record has been filed in the first case only, but by the stipulation, this record is to be considered the record in all and the decision rendered shall apply to, and dispose of all the cases. The above cases are election contests, brought under the statute enacted for the determination of such contests, the same being embraced in chapter 3,…

1Opinion of the CourtMcFIE, J.

The questions presented by this record have been passed upon and decided by this court adversely to the contention of appellant, in the cases of Bull v. Southwick, 2 N. M. 321; Vigil v. Pradt, 5 N. M. 161; and, therefore, are not now open questions, unless they become such by the enactment of the Code of Civil Procedure. In the case of Bull v. Southwick, 2 N. M. 321, the court, in construing a statute identical in terms with the statute now under consideration, said:

Ptrai/ro officer: election contest: nature of proceeding. “It is also my opinion that the very object of the statute in regard…

2Cited by6 opinions

  1. Montoya v. McManusNew Mexico Supreme Court · 1961
  2. City of Tucumcari v. Magnolia Petroleum Co.New Mexico Supreme Court · 1953
  3. Ratliff v. WingfieldNew Mexico Supreme Court · 1951
  4. Ostic v. StephensNew Mexico Supreme Court · 1951
  5. In Re Morrow's WillNew Mexico Supreme Court · 1937

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