Haymaker v. State ex rel. McCain
New Mexico Supreme Court
Error to District Court, Chaves County; John T. McClure, Judge. Quo warranto by the State of New Mexico, on relation of J. H. McCain, against Mrs. O. R. Haymaker. Judgment of ouster, and defendant brings error. STATEMENT OP PACTS.
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Error to District Court, Chaves County; John T. McClure, Judge. Quo warranto by the State of New Mexico, on relation of J. H. McCain, against Mrs. O. R. Haymaker. Judgment of ouster, and defendant brings error. STATEMENT OP PACTS. This proceeding was instituted in the district court of Chaves county by an information in the nature of quo warranto on the relation of J. H. McCain against Mrs. O. R. Haymaker, seeking a judgment of ouster against her as a member of the board of education of the city of Roswell. By the information it was represented to the court that on the first Tuesday of April,…
1Opinion of the Court
OPINION OE THE COURT.
HANNA, C. J.
(after stating the facts as above.)
The errors assigned by the plaintiff in error are numerous. The two important questions, both decisive of this case, are: First, is the office of member of the city board of education and the office of clerk thereof incompatible; and, second, if incompatible, was the trial court authorized to oust or remove the plaintiff in error from the first office, no successor having been elected, appointed, and qualified therefor?
[1] Section 3956, Code 1915, provides that an office becomes vacant when, among other things, an officer…
2Cases cited7 opinions
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
- State v. BrinkerhoffTexas Supreme Court · 1886
- People ex rel. Illinois Midland Railway Co. v. Supervisor of Barnett TownshipIllinois Supreme Court · 1881
- Oliver v. Mayor of Jersey CitySupreme Court of New Jersey · 1899
- State ex rel. Harvey v. MedlerNew Mexico Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Amador v. New Mexico State Board of EducationNew Mexico Supreme Court · 1969
- Smyers v. CITY OF ALBUQUERGUENew Mexico Court of Appeals · 2006
- Cragin v. FrohmillerArizona Supreme Court · 1934
- State v. EychanerNew Mexico Supreme Court · 1937
- Black v. Board of Education of Jemez Mountain School District No. 53New Mexico Supreme Court · 1974
2 more not listed; retrieve them via the Exa API.