George Albright v. Territory of New Mexico Jesus Sandoval
| Decision Date | 02 January 1906 |
| Docket Number | No. 229,229 |
| Citation | 200 U.S. 9,50 L.Ed. 346,26 S.Ct. 210 |
| Parties | GEORGE F. ALBRIGHT, Appt. , v. TERRITORY OF NEW MEXICO ex rel. JESUS M. SANDOVAL |
| Court | U.S. Supreme Court |
Mr. William B. Childers for appellant.
Mr. Neill B. Field for appellee.
This was a proceeding in quo warranto, brought in the district court of Bernalillo county, New Mexico, July 20, 1903, by the territory on the relation of Jesus M. Sandoval against George F. Albright, it being alleged that Sandoval was duly elected to the office of assessor of Bernalillo county for the term of two years from the first day of January, 1903; that he duly qualified and entered on the discharge of the duties of the office; and that he had never resigned, vacated, or abandoned the office, and ever since his election and qualification had continued to discharge the duties thereof. It was further alleged that on March 23, 1903, respondent, Albright, without authority of law, unlawfully usurped the office, and took possession of the assessor's room in the courthouse, and of the books and papers, and other insignia of office, claiming office by virtue of a pretended appointment by the board of county commissioners of Bernalillo county, made under the authority of an act of the legislative assembly of the territory of New Mexico, entitled 'An Act to Create the County of Sandoval,' approved March 10, 1903, as amended by an act entitled 'An Act to Amend Section 3 of an Act Entitled 'An Act to Create the County of Sandoval." approved March 12, 1903.
Judgment was rendered by the district court in favor of Albright, August 3, 1903, and carried to the supreme court of the territory, which reversed the judgment, and remanded the cause with directions to the court below to reinstate it and proceed in accordance with the views expressed in its opinion. 78 Pac. 204. The mandate was filed below October 19, 1904, and on the 19th of November the district court entered judgment 'that the respondent, George F. Albright, has unlawfully usurped, and does unlawfully usurp, the office of assessor of the county of Bernalillo and territory of New Mexico, from the relator, Jesus Maria Sandoval, the lawful incumbent of the said office; that the said respondent, George F. Albright do henceforth cease and desist from in any manner intermeddling with, or attempting to perform the duties, or exercise the functions of, the office of assessor of the county of Bernalillo aforesaid, and that he forthwith deliver up to the relator the records, books, papers, and furniture, and all other things appertaining to the office of assessor of the county of Bernalillo and territory of New Mexico, as the lawful custodian thereof,' and for costs.
The case was again carried to the supreme court and heard upon a motion to dismiss and on the merits, and February 24, 1904, the court denied the motion to dismiss, modified the judgment of the district court by striking out the words 'and that he forthwith deliver up to the relator the records, books, papers, furniture, and all other things appertaining to the office of assessor of the county of Bernalillo and territory of New Mexico, as the lawful custodian thereof,' and affirmed the judgment as so modified. 79 Pac. 719. On the same day an appeal was allowed to this court, a supersedeas bond given, which was approved March 9, 1905, and the record was filed here April 17. The case comes before us on a motion to dismiss.
The ground assigned for the motion is the expiration of the...
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George Albright v. Jesus Maria Sandoval No 116 Jesus Maria Sandoval v. George Albright No 117
... ... These cases involve controversies over the right of the fees of the office of assessor of Bernalillo county, New Mexico. Plaintiff in error received the fees, defendant in error claims the right to them as the duly elected officer ... There was ior litigation over the right to the office. Proceedings in the nature of quo warranto were instituted against plaintiff in error by the territory, upon the relation of defendant in error, to try the title of plaintiff in error to the office. Judgment went in favor of the latter in the trial ... ...
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Sandoval v. Albright.
...Sandoval v. Albright (N. M.) 78 Pac. 205; Albright v. Territory ex rel. Sandoval (N. M.) 79 Pac. 719; Albright v. Territory ex rel. Sandoval, 200 U. S. 9, 26 Sup. Ct. 210, 50 L. Ed. 346. The right of office and that the appellee was the de jure officer were fully determined in the former su......
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Territory of New Mexico Ex Rel Lean Company v. Denver Rio Grande Railroad Company
...in dispute in this case? While the act does not prescribe the amount, some sum or value must be in dispute. Albright v. New Mexico, 200 U. S. 9, 50 L. ed. 346, 26 Sup. Ct. Rep. 210. The matter in dispute is the right to have the goods which were tendered for shipment transported to their de......
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Martin v. State ex rel. Gamble
...C. J., and MERRILL and HARWOOD, JJ., concur. 1 '(Footnotes) Tennessee v. Condon, 189 US 64, 47 L ed 709, 23 S Ct 5792 Albright v. (Territory of) New Mexico, 200 US 9, 50 L ed 346, 26 S Ct 210; Tennessee v. Condon, 189 US 64, 47 L ed 709, 23 S Ct 5793 People ex rel. Courtney v. Botts, 376 Il......