Klutts v. Jones
New Mexico Supreme Court
Appeal from District Court, Roosevelt County-;- Me-' Clure, Judge. ' '• Action by William D. Klutts and another against Moses B. Jones, Treasurer, and another. From judgment for defendants, plaintiffs appeal. Facts may be stated on information and belief as well as positively. : Sub-secs. 47 and 48, see. 2685, C. L. 1897. Bona fide residents of the school district were entitled to vote at the election.
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Appeal from District Court, Roosevelt County-;- Me-' Clure, Judge. ' '• Action by William D. Klutts and another against Moses B. Jones, Treasurer, and another. From judgment for defendants, plaintiffs appeal. Facts may be stated on information and belief as well as positively. : Sub-secs. 47 and 48, see. 2685, C. L. 1897. Bona fide residents of the school district were entitled to vote at the election. Sec. 1, art. 7, Constitution of N. M. To be a legal voter one must be a resident of the district. C. 95, sec. 1, D. 1909. “ The law will presume that the votes were- legal until - the contrary…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
— This action was instituted in ihe court below by appellants, Moses B. Jones, county treasurer of Roosevelt county, and school district No. 30' of said county, to enjoin said defendants from advertising-for sale, negotiating, selling, or transferring certain bonds, voted by said school district, for the purpose of constructing a new schoolhouse therein, and which the treasurer of said county, it was alleged, was proceeding to advertise and sell, under the statute. To the second amended complaint a demurrer was filed by appellees, which was sustained…
2Cases cited10 opinions
- Corning v. Board of Com'rs of Meade Co.Court of Appeals for the Eighth Circuit · 1900
- Hall v. City of MadisonWisconsin Supreme Court · 1906
- Lehlbach v. HaynesSupreme Court of New Jersey · 1891
- Perkins County v. GraffCourt of Appeals for the Eighth Circuit · 1902
- Oppegaard v. Board of CommissionersSupreme Court of Minnesota · 1913
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3Cited by13 opinions
- City of Raton v. SprouleNew Mexico Supreme Court · 1967
- State Ex Rel. William R. Compton Co. v. WalterSupreme Court of Missouri · 1929
- Johnston v. BOARD OF EDUCATION OF PORTALES MSDNew Mexico Supreme Court · 1958
- State Ex Rel. Denton v. VinyardNew Mexico Supreme Court · 1951
- Klutts v. JonesNew Mexico Supreme Court · 1916
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