Haymaker v. State ex rel. McCain

Citations

• 22 N.M. 400

Syllabus

<p>SYLLABUS BY. THE COURT.</p> <p>1. Incompatability between offices is an inconsistency between the functions thereof, as where one is subordinate to the other, or where a contrariety and antagonism would result in the attempt by one person to faithfully and impartially discharge the duties of both. Held that office of member of city board of education and clerk thereof are incompatible.</p> <p>P. 403</p> <p>2. “Removed,” as used in section 2, art. 20, of state Constitution, held to contemplate statutory removals; hence trial court was without power to oust plaintiff in error fr'om office where no successor had qualified therefor.</p> <p>P. 405</p>