Supreme Court of New Mexico
Decision Information
Ferran v. Trujillo - cited by 45 documents
Maestas v. Maestas - cited by 12 documents
Decision Content
GARCIA V. ALIRE, 1946-NMSC-043, 50 N.M. 275, 175 P.2d 1003 (S. Ct. 1946)
Frank A. GARCIA, Contestant and
Appellant,
vs.
Paulin ALIRE, Contestee and Appellee
No. 4950
SUPREME COURT OF NEW MEXICO
1946-NMSC-043, 50 N.M. 275, 175 P.2d 1003
December 26, 1946
Appeal from District Court, Rio Arriba County; Wm. J. Barker, Judge.
COUNSEL
Reed Holloman and M. W. Hamilton, both of Santa Fe, for appellant-contestant.
Seth & Montgomery and Joseph M. Montoya, all of Santa Fe, for appellee-contestee.
JUDGES
Bickley, Justice. Sadler, C.J., and Brice, Lujan, and Hudspeth, JJ., concur.
OPINION
{*275} {1} Garcia and Alire were opposing candidates in the general election of 1944 for the office of County Commissioner of the Third District of Rio Arriba County. Alire was declared elected on the face of the returns. Garcia commenced election contest proceedings, serving on Alire a notice of contest, the sufficiency of which was challenged by contestee. The trial court sustained the challenge and dismissed the proceedings, from which action of the court, this appeal was taken. Upon stipulation of the parties, this and the cognate case of Ferran v. Trujillo, No. 4948, 175 P.2d 998, were consolidated. It was further stipulated and ordered that the decision in said Cause No. 4948 should be taken and considered as our decision in this cause.
{2} It follows that the judgment must be affirmed, and
{3} It is so ordered.