Wilkerson v. City of Albuquerque

Citations

• 25 N.M. 599
• 185 P. 547

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. The right of one to an office he holds under an appointment or election by the proper authorities can be determined only in a proceeding- to which he is a party, and cannot be determined in an action by the former occupant for his salary after the appointment of his successor. P. 601-</p> <p>2. Where a city has paid to a de facto officer, holding-under color of title, salary for the time actually spent in the performance of his duties, such payment is a complete defense to a suit for the same salary by the de jure officer.</p> <p>P. 601</p> <p>3. The remedy of the de jure officer is to secure an adjudication of his title to the office, and then sue the de facto officer for the salary which has collected. P: 602</p>