GRAY V. TAYLOR, 1911-NMSC-020, 16 N.M.
171, 113 P. 591 (S. Ct. 1911)
S. T. GRAY, ET AL,
Appellants,
vs.
ROBERT H. TAYLOR, ET AL, Appellees
SUPREME COURT OF NEW MEXICO
Appeal from the District Court for
Lincoln County, before M. C. Mechem, Associate Justice. See opinion affirming
on original hearing, 15 N.M. 742.
Court assumes for purposes of this case that the procedure is
proper as both sides admit injunction to be the proper remedy.
T. B. Catron and George B. Barber for
Appellants. See 15 N.M. 742.
Parker, J. William H. Pope, C. J., and
Edward R. Wright, A. J., dissent. J. R. McFie, A. J., not having heard the
argument, did not participate in this decision.
{1} This case was decided at
the last term by a divided court. A rehearing was had at the present term, and
the cause resubmitted to all of the justices qualified to sit in the case,
including Associate Justice Roberts, who has since the former hearing come upon
the bench. In the former opinion a quaere was thrown out by the court as to
whether the procedure by injunction was proper in cases of this kind, and
calling attention to the case of Torres v. Board of County Commissioners,
15
N.M. 703,
110 P. 851, decided at the last term. In the argument on rehearing,
counsel on both sides admit that injunction is a proper remedy in a case of
this kind, and for that reason the court withdraws the intimation contained in
the former opinion, and assumes for the purpose of this case that the procedure
is proper.
{2} In the former decision
the court divided upon the question as to whether the petition for the election
was in accordance with the act under which the county commissioners assumed to
proceed. Upon this question the court has carefully re-examined the question,
and finds no reason to recede from its former position.
{3} All of the other
questions in the case were fully examined in a former opinion, and have been
re-examined by the court and on this rehearing the court adheres to its former
decision.