Territory of New Mexico ex rel. Hubbell v. Dame
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Ira A. Abbott, Associate Justice. REMOVAL OF SHERIFFS. The power to remove a sheriff from office is vested in the district court, upon the- application, under oath, by any person interested in- the -subject matter. The statute provides a comprehensive manner of judicial pro- ■ ceedings.
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Appeal from the district court of Bernalillo county, before Ira A. Abbott, Associate Justice. REMOVAL OF SHERIFFS. The power to remove a sheriff from office is vested in the district court, upon the- application, under oath, by any person interested in- the -subject matter. The statute provides a comprehensive manner of judicial pro- ■ ceedings. Compiled Laws, 1897, Sees. 844 to 857, inclusive. , There is no provision anywhere in the statute authorizing the governor to remove a sheriff on any of the charges on which Mr. Hubbell was found guilty by the governor, and the governor had no power…
1Opinion of the Court
OPINION OP THE COURT.
POPE, J.
(After stating the case.) — Upon the-state of facts above outlined, a number of questions are-argued at the bar and in the briefs of counsel.
1 2 3 Among these are whether the court below had the-power upon the pleadings and aided only by judicial notice to make the findings of fact contained in the record, or, indeed, any findings at all; whether the governor of New Mexico had the power to remove the relator and to appoint Armijo in his stead; whether the clerk, being an arm of the court, is subject to mandamus; and whether a court will, pending a dispute as to an…
2Cases cited5 opinions
- Jones v. MontagueSupreme Court of the United States · 1904
- Kimball v. KimballSupreme Court of the United States · 1899
- Tennessee v. CondonSupreme Court of the United States · 1903
- Wisconsin Central R. Co. v. ForsytheSupreme Court of the United States · 1895
- Albright v. Territory of New Mexico ex rel. SandovalNew Mexico Supreme Court · 1905
3Cited by3 opinions
- State ex rel. Town of Portales v. Board of Com'rsNew Mexico Supreme Court · 1917
- McCarty v. KepretaNorth Dakota Supreme Court · 1913
- People ex rel. Harrington v. BarnhartMichigan Supreme Court · 1919