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Albright v. Sandoval, 216 U.S. 331 (1910)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
ERROR TO THE SUPREME COURT
OF THE TERRITORY OF NEW MEXICO
Syllabus
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.
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Chicago: U.S. Supreme Court, "Syllabus," Albright v. Sandoval, 216 U.S. 331 (1910) in 216 U.S. 331 216 U.S. 335. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2XK79UAABNFXJVJ.
MLA: U.S. Supreme Court. "Syllabus." Albright v. Sandoval, 216 U.S. 331 (1910), in 216 U.S. 331, page 216 U.S. 335. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2XK79UAABNFXJVJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Albright v. Sandoval, 216 U.S. 331 (1910). cited in 1910, 216 U.S. 331, pp.216 U.S. 335. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2XK79UAABNFXJVJ.
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