Legal Opinion · Dissent

Board of Com'rs of Guadalupe County v. State

New Mexico Supreme Court

Decided June 19, 1939No. 4480Published

1DissentBrice, Justice

The theory of the majority is that the petition of electors, the resolution or order calling an election and the notice of election, should each state in the words of the Constitution that the purpose is to erect a court house; or, if not in the exact words, then words that "invariably mean the same thing.” That would be the safest course for boards of county commissioners and other like bodies to follow; but the membership of those boards is composed of average citizens, not learned in the law as are my brethren of the bench. Such precision in the use of words as that a synonym substituted…

2Cases cited24 opinions

  1. Juilliard v. GreenmanSupreme Court of the United States · 1884
  2. Bain Peanut Co. of Tex. v. PinsonSupreme Court of the United States · 1931
  3. Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
  4. City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
  5. State ex rel. Rose v. JobSupreme Court of Missouri · 1907

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