Legal Opinion

State ex rel. People's Bank & Trust Co. of Las Vegas v. York

New Mexico Supreme Court

Decided October 11, 1918No. 2158PublishedCited by 9 opinions

Appeal from District Court, San Miguel County; Leahy, Judge. Mandamus by the State, on the relation of the People’s Bank & Trust Company óf Las Vegas, against John H. York and others, members of the Board of County Commissioners and ex officio County Board of Financce of the County of San Miguel. Judgment for defendants, and plaintiff appeals. Reversed, and cause remanded, with instructions. STATEMENT OP PACTS.

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Appeal from District Court, San Miguel County; Leahy, Judge. Mandamus by the State, on the relation of the People’s Bank & Trust Company óf Las Vegas, against John H. York and others, members of the Board of County Commissioners and ex officio County Board of Financce of the County of San Miguel. Judgment for defendants, and plaintiff appeals. Reversed, and cause remanded, with instructions. STATEMENT OP PACTS. This is an action in mandamus, brought by the People’s Bank & Trust Company of Las Vegas, N. M., against the board of county commissioners, acting as the county board of finance, of…

1Opinion of the Court

OPINION OP THE COURT.

HanNa, C. J.

(after stating tbe facts as above). While there are several assignments of error, they present but. one question, which is whether or not the board of county commissioners, sitting as a board of finance, in the designation of depositories for publis funds, can exercise its judgment as to the proper depositories, and as to the amount for which each shall be allowed to qualify; or whether it must designate all banks and trust companies applying for funds, fixing the amount for each in accordancce with its capital and surplus.

[2] The question is to be disposed of…

2Cited by9 opinions

  1. State Ex Rel. Clinton Realty Co. v. ScarboroughNew Mexico Supreme Court · 1967
  2. Reese v. DempseyNew Mexico Supreme Court · 1944
  3. Hayes ex rel. Evans v. HagemeierNew Mexico Supreme Court · 1963
  4. State Ex Rel. Dresden v. District Court of Second Judicial Dist. Ex Rel. Bernalillo CountyNew Mexico Supreme Court · 1941
  5. Stokes v. New Mexico State Board of EducationNew Mexico Supreme Court · 1951

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