State ex rel. Rives v. Herring

SEYMOUR, Justice.

This case was tried on a stipulation of facts, which facts are briefly as follows: Phyllis Chandler, incumbent county, clerk of Chaves County, New Mexico, was reelected to that office at the general election of November 4, 1952; on December 8, 1952, she resigned her office and, by letter, advised the Board of County Commissioners that she would not qualify for the new term beginning January 1, 1953; on the same day, December 8, 1952, the Board accepted her resignation and appointed the defendant, Dorothy Herring, as her successor. On December 19, 1952, the defendant qualified…