Albright v. Sandoval (No. 2), 216 U.S. 342 (1910)

Albright v. Sandoval (No. 2)

No. 118

Argued January 28, 1910
Decided February 21, 1910
216 U.S. 342

APPEAL FROM THE SUPREME COURT

THE TERRITORY OF NEW MEXICO

Syllabus

Where the decision of the supreme court of a territory is based upon the construction of the territorial statute involved, and not upon the power of the legislature to pass it, an appeal does not lie to this Court, if the amount in controversy is less than $5,000.

A decision of the territorial court as to who had the right to an office which depends on whether the office was or was not vacant, and whether or not an appointment was made before the statute involved took effect, depends upon the construction of, and not the power of the legislature to pass such statute; such a case does not involve the validity of an authority exercised under the United States, and an appeal does not lie to this Court if the amount in controversy is less than $5,000.

Appeal from 94 P. 947 dismissed.

The facts are stated in the opinion.