Territory of New Mexico ex rel. Klock v. Mann

Citations

• 16 N.M. 744
• 120 P. 313

Syllabus

<p>■SYLLABUS.</p> <p>1. Where provision is made by statute for an officer to hold over until his successor is duly elected and qualified, the hold-over is regarded as in all respects a de jure officer and the expiration of his term does not produce a vacancy which may be filled by the authority 'having the power to fill vacancies. *</p> <p>2. There would be no vacancy until such time as the Governor and Legislative Council should unite in an appointment and the previous incumbent of .the office, being entitled to hold until .such appointment was duly made, would continue in such office unless removed pursuant to law.</p> <p>3.The writ of ouster does not reinstate the one legally entitled to the office or actually ■ put him in possession thereof, but in the ca-e at bar the decision of the court in the'quo’ warranto proceeding decided that the respondent was not entitled to the office. This, left the relator as the de jui-e officer entitled to the possession and legally qualified to fill the office.</p>