Sandoval v. Albright

Citations

• 14 N.M. 345
• 93 P. 717

Syllabus

<p>SYLLABUS.</p> <p>1. A judgment in quo warranto against the incumbent of an office which adjudges th-at relator is the de jure officer is conclusive on his right to the office in an action for the fees of the office received iby the incumbent.</p> <p>' 2. The common law is in force in New Mexico, except as modified by statute.</p> <p>3. By the common law, not modified by statute, a de jure officer may recover the fees of the office received by a de facto officer intruding into the office.</p> <p>4. In an action by a de jure officer for the fees of the office received by the incumbent thereof holding the office in good faith, the reasonable expenses- of the incumbent in administering the office should be allowed bim.</p>