State ex rel. Baca v. Montoya
New Mexico Supreme Court
Appeal from District Court, Socorro County; M. C. Mechem, Judge.' Mandamus by the State, on relation of A. B. Baca, against Max H. Montoya, Treasurer of Socorro County. Demurrer to defendant’s answer sustained, judgment for plaintiff, and defendant' appeals. Appellee is entitled to no compensation for rendition of services except such as is provided for by act of the Legislature. Sec. 1, art. 10, State Const.; State v. Romero, 124 Pac.
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Appeal from District Court, Socorro County; M. C. Mechem, Judge.' Mandamus by the State, on relation of A. B. Baca, against Max H. Montoya, Treasurer of Socorro County. Demurrer to defendant’s answer sustained, judgment for plaintiff, and defendant' appeals. Appellee is entitled to no compensation for rendition of services except such as is provided for by act of the Legislature. Sec. 1, art. 10, State Const.; State v. Romero, 124 Pac. (N. M.) 649; id., 125 Pac.; Herbert v. Bd. County Commissioners, decided July 25, 1913. The allowance for clerk and deputy hire is an emolument expressly…
1Opinion of the Court
OPINION OP THE COURT.
EOBEETS, C. J.
— Appellee is the county assessor of Socorro county, elected as such at the first state election held under the Constitution. Appellant is the county treasurer of said county. On the 12th day of August, 1913, appellee presented two claims against said county of Socorro to the board of commissioners for allowance, one for the sum of $2,000, and the other for the sum of $3,000. The statement filed with the claims showed that the assessor had expended during the year 1912 the sum of $2,000 for deputy and clerk hire, and that’ he had expended during the year…
2Cases cited11 opinions
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- People ex rel. Mixer v. Board of SupervisorsMichigan Supreme Court · 1873
- State ex rel. Delgado v. RomeroNew Mexico Supreme Court · 1912
- Chemung Canal Bank v. Supervisors of Chemung CountyNew York Supreme Court · 1848
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3Cited by5 opinions
- Ammerman v. Hubbard Broadcasting, Inc.New Mexico Court of Appeals · 1977
- State ex rel. Miera v. FieldNew Mexico Supreme Court · 1918
- State Ex Rel. Haragan v. HarrisNew Mexico Supreme Court · 1998
- Herd v. State Tax Commission of N.M.New Mexico Supreme Court · 1925
- State Ex Rel. Haragan v. HarrisNew Mexico Supreme Court · 1998