Legal Opinion

Sandoval v. Albright

New Mexico Supreme Court

Decided February 25, 1908No. 1204Published

Appeal from the District Court for Bernalillo County. before Ira A. Abbott, Associate Justice. If the plaintiff was ineligible to the office, he can not recover fees paid another incumbent who was not lawfully entitled to the office. There is no property in an office. Butler v. Pa., 10 How. 402; Stuhr v. Curran, 15 Vroom 181, 43 Am. Rep. 353; Auditor of Wayne Co. v. Benoit, 4 Am. Rep. 382; 23 A. & E. Enc. of Law 390; Mathews -,. Copiah County, 53 Miss. 715, 24 Am.

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Appeal from the District Court for Bernalillo County. before Ira A. Abbott, Associate Justice. If the plaintiff was ineligible to the office, he can not recover fees paid another incumbent who was not lawfully entitled to the office. There is no property in an office. Butler v. Pa., 10 How. 402; Stuhr v. Curran, 15 Vroom 181, 43 Am. Rep. 353; Auditor of Wayne Co. v. Benoit, 4 Am. Rep. 382; 23 A. & E. Enc. of Law 390; Mathews -,. Copiah County, 53 Miss. 715, 24 Am. Rep. 715; Territory ex rel Sandoval v. Albright, 78 Pac. 207; Albright v. Territory ex rel Sandoval, 79 Pac. 719; Albright v.…

1Opinion of the Court

OPINION OF THE COURT.

POPE, J.

(After stating the facts.) This is one of the fragments of a litigation which has been before this ■court in one form or another at almost every term, since 1904. The case at bar presents no features that have not been already fully considered and decided by this court. The power of the county commissioners to appoint Al-bright to the office of assessor was decided adversely to him. in Territory v. Albright, 78 Pac. 204, 12 N. M. 293. The eligibility of Sandoval to hold the office was decided favorably to Sandoval in the same case. The right of Sandoval, under…

2Cases cited1 opinion

  1. Territory of New Mexico ex rel. Ma. Sandoval v. AlbrightNew Mexico Supreme Court · 1904

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