Territory of New Mexico ex rel. Clancy v. Board of County Commissioners

Citations

• 13 N.M. 89

Syllabus

<p>SYLLABUS.</p> <p>1. Section 2578, of the Compiled Laws of 1897, provides that the salaries paid by the several counties of this Territory to the district attorneys, shall be paid quarterly.</p> <p>2. While Chapter 86, Laws of 1901, provides that the actual expenses for boarding prisoners shall be paid in full before any other claims against the general county fund is paid, and before any pro rata distribution is made among the creditors of the county, and that such expenses may be paid at the expiration of each quarter, it nowhere provides that taxes collected for one year, .shall be used to pay the debts of a previous year, before the debts of the year for which they were collected are paid.</p> <p>3. Statements of fact made by counsel in a brief, if undisputed, can be considered by us, the same as an admission made on the trial of a case.</p> <p>4. Money collected and placed to the credit of the genera! county fund to meet the expenses of Bernalillo county for the year 1904, cannot be lawfully used to pay the debts of that county contracted in the year 1903, until the debts contracted in 1904, and payable out of that fund, are paid in full.</p>