ALBRIGHT V. SANDOVAL, 216 U. S. 331 (1910)

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U.S. Supreme Court

Albright v. Sandoval, 216 U.S. 331 (1910)

Albright v. Sandoval

Nos. 116, 117

Argued January 28, 1910

Decided February 21, 1910

216 U.S. 331


Where the final judgment of the supreme court of a territory is not based on the power of the legislature to enact the statute involved, but on the construction thereof, this Court is not disposed to disturb that construction, and so held following the decisions of the territorial court, that a statute of New Mexico carving a new county out of an existing one did not create a vacancy in an office of the original county because the incumbent did not reside in that portion of the county which remained.

Quaere whether a judgment of ouster in quo warranto is conclusive between the same parties in a suit brought by the de jure relator against the de facto incumbent.

After judgment of ouster in quo warranto, a de jure officer may recover the emoluments of the office, less the reasonable expenses incurred in earning the same, where, as in this case, the de facto officer entered the office in good faith and under color of title.

79 P. 719 affirmed.

The facts are stated in the opinion.

Page 216 U. S. 335

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