Sandoval v. Albright
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. A de jure officer cannot recover the fees of the office received by the de facto officer. Stuhr v. Curran, 15 Vroom 181, 43 Am. Rep. 353; Auditor of Wayne Co. v. Benoit, 4 Am. Rep. 382. There is no property in an office.
Read the full summary
Appeal from the District Court for Bernalillo County, before Ira A. Abbott, Associate Justice. A de jure officer cannot recover the fees of the office received by the de facto officer. Stuhr v. Curran, 15 Vroom 181, 43 Am. Rep. 353; Auditor of Wayne Co. v. Benoit, 4 Am. Rep. 382. There is no property in an office. Butler v. Pennsylvania, 10 How. 402. If plaintiff was ineligible to the office he can not recover for fees paid another incumbent who was not lawfully entitled to the office. 23 A. & E. Ene. of Law 396; Mathews v. Copiah County, 53 Miss. 715, 24 Am. Rep. 715. In- an action of a de…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
The parties to this suit have been before this court on two former occasions as' contestants for the office of assessor of Bernalillo County, the fees and emoluments of which, are now sued for. Albright v. Sandoval, 78 Pac. 205; Albright v. Sandoval, 79 Pac. 719; Albright v. Sandoval, 200 U. S. 9.
The right of office and that the appellee was the de jure officer, were fully determined in the former suits, and cannot be considered in this, therefore, the court below, properly sustained the demurrer to all such parts of the answer as sought to raise this issue.…
2Cases cited12 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
- Kreitz v. BehrensmeyerIllinois Supreme Court · 1894
- Hunter v. ChandlerSupreme Court of Missouri · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- State v. ArmstrongNew Mexico Supreme Court · 1924
- State v. ValdezNew Mexico Court of Appeals · 1972
- Drach v. LeckenbySupreme Court of Colorado · 1918
- Western Union Telegraph Co. v. SmithCourt of Appeals of Texas · 1916
5 more not listed; retrieve them via the Exa API.