State ex rel. Clancy v. Porter

Citations

• 23 N.M. 508
• 169 P. 471

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Where the existence of the fact that a petition signed by not less than a majority of the qualified electors residing within the territory embraced in the proposed incorporation is necessary, before the board of county commissioners is authorized to proceed with the incorporation of a village, under sections 3764 and 3766, Code 1915, and no provision is made in the statute for the determination of such fact by the said, board, its action in incorporating a village 'may at any time be shown to have been without jurisdiction and void, by establishing the fact that the petition on which it acted was not so signed.</p>