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Gray v. Taylor

Citations

  • 15 N.M. 742

Syllabus

<p>SYLLABUS.</p> <p>1. There is no legislative requirement that any bill shall receive the signature of the respective presiding officers of the two houses. The journals of the two houses may be judicially nojjced in aid of the act.</p> <p>2. In the absence of any evidence to the contrary it is assumed that the executive acted lawfully and his message stating that he had allowed the act to become law by limitation will be assumed to imply the receipt by him of the act more than three days- prior to the message.</p> <p>3. Petition for election on .proposition to remove county seat held sufficient.</p> <p>4. By the terms of the statute, (Laws 1909, Chapter 80), it is impossible to have registration within the time following the petition and the election.</p> <p>5. Held that only one illegal vote was cast and that was in favor of Lincoln.</p> <p>6. Subsequent repairs to public buildings at county seat should not be counted in determining whether cost of buildings was less than $30,000.</p> <p>7. Laws 1909, Chapter 80, not special or local by reason of the twenty mile limitation.</p> <p>8. Held that ballot used at election for removal of county seat, which read “For County Seat..................” was in exact accordance with C. L. 1897, sec. 631.</p> <p>9. Vlhether this is a collateral attack upon the location of the county seat, quaere.</p>

Judges: Abbott, Below, File, Having, McFie, Parker, Pope, Tried, Wright

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