Armijo v. Baca.

• Decision Date: 31 January 1884
• Parties: ARMIJOv.BACA.
• Court: New Mexico Supreme Court

3 N.M. 490

6 P. 938

ARMIJO

v.BACA.

Supreme Court of the Territory of New Mexico.

January Term, 1885.

Appeal from the Second judicial district court, Bernalillo county.

A court of chancery has jurisdiction to interfere by injunction with a person who is endeavoring to usurp the office of sheriff.

Neill B. Field and Childers & Fergusson, for appellee.

Stone & Stone, for appellant.

WILSON, J.

This is a proceeding in equity praying that a writ of injunction may be issued, directed to Santiago Baca, enjoining and restraining him from usurping or attempting to usurp the office of sheriff of Bernalillo county, or the office of collector of taxes and licenses of Bernalillo county, and from ousting or attempting to oust Perfecto Armijo, the appellee, and from embarrassing or attempting to embarrass, and from hindering or attempting to hinder, and from in any manner interfering or attempting to interfere, with Perfecto Armijo, appellee, in the discharge of his duties or the exercise of his functions as sheriff of the county of Bernalillo, in the territory of New Mexico, or as collector of taxes and licenses for the county of Bernalillo, in said territory. The appellant demurred to the appellee's bill, and the court overruled the demurrer, and the appellant elected to abide by his demurrer and appealed to this court.

The strength of the appellant's standing in this case, if he has any, is in his allegations that “a court of chancery is without jurisdiction or power to restrain by injunction a claimant to an office from exercising or discharging, or attempting to exercise or discharge, the duties thereof at the suit of another claimant to the same office.” Were the title to the office of sheriff of Bernalillo county the issue in this case, this position would be impregnable. But an examination of the record proves that no such issue exists or was ever made in the case, and, as a consequence, the authorities cited by the counsel for the appellant are not applicable, and need not be reviewed.

Perfecto Armijo, the appellee, sets forth in his bill that in the year A. D. 1882 he was duly and legally elected, and duly and legally qualified, sheriff of Bernalillo county, as provided by the requirements of the statutes of the territory of New Mexico in such case made and provided, and he then and there became, ever since has been, and still is, sheriff of said county, duly elected and qualified, and entitled to exercise the functions and discharge the duties of said office, and to receive the fees and emoluments arising therefrom; and he further alleges that, by virtue of said office, he is ex officio collector of taxes and licenses for said county of Bernalillo, and is entitled to exercise the functions...