Albright v. Territory of New Mexico ex rel. Sandoval
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. Residence in the county is a necessary qualification to the holding of the office of county assessor. Mecham on Public Officers, Secs. 82 and 67; State v. McMillan, 23 Neb. 385; 36 N. W. 387. It was not necessary to raise a purely jurisdictional question specifically. It was necessary that the court should hold that it had jurisdiction on appeal in order to decide the case.
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Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. Residence in the county is a necessary qualification to the holding of the office of county assessor. Mecham on Public Officers, Secs. 82 and 67; State v. McMillan, 23 Neb. 385; 36 N. W. 387. It was not necessary to raise a purely jurisdictional question specifically. It was necessary that the court should hold that it had jurisdiction on appeal in order to decide the case. Great Western Tel. Co. v. Burnham, 162 U. S. 342. BRIEF ON MOTION TO DISMISS WRIT. The judgment of this court reversing the…
1Opinion of the Court
OPINION OF THE COURT.
POPE, J.
— This case was considered by this court upon the former appeal; Territory v. Albright, 78 Pac. (N. M.) 205, when the cause was reversed and remanded with directions to reinstate and for further proceedings in accordance with the opinion of the court. Upon presentation of the mandate to the court below, the relator Sandoval, moved the court to enter final judgment of ouster and for costs,' which motion the court denied,- but ordered the cause reinstated, vacated the judgment formerly entered in favor of the respondent Albright, and sustained the demurrer of the…
2Cases cited20 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- California v. San Pablo & Tulare RailroadSupreme Court of the United States · 1893
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- Kimball v. KimballSupreme Court of the United States · 1899
- People ex rel. Barton v. LondonerSupreme Court of Colorado · 1889
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3Cited by12 opinions
- State ex rel. Wilson v. BushTennessee Supreme Court · 1918
- State ex rel. Owen v. Van StoneNew Mexico Supreme Court · 1912
- Powell v. City of Ada, Okl.Court of Appeals for the Tenth Circuit · 1932
- Albright v. Sandoval (No. 2)Supreme Court of the United States · 1910
- Cowan v. State Ex Rel. ScherckWyoming Supreme Court · 1941
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