Albright v. Sandoval, 200 U.S. 9 (1906)

Albright v. Sandoval

No, 229
Submitted November 27, 1905
Decided January 2, 1906
200 U.S. 9

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

The renewal in this Court of a motion to dismiss the appeal which was considered and denied by the supreme court of the territory amounts to no more than an assignment of error to the action of that court in this regard, to be passed on or disposed of as such, if this Court otherwise has jurisdiction. In the proceedings in quo warranto in this case, the alleged usurpation of the office is the matter in dispute, and the liability to fine on judgment of ouster or the effect of the judgment in a subsequent action to recover the emoluments of the office does not make that matter measurable by some sum or value in money, and an appeal to this Court will not lie from the supreme court of a territory under either section of the Act of March 3, 1885, c. 355.

The facts are stated in the opinion.