Cardenas v. Valdez
Cardenas v. Valdez
Opinion of the Court
Opinion by
At an election for electing a Secretary of School District No. 5 in Huerfano County, held in that district on
In conformity to the issues made by the pleadings, the trial court found that the following named voters, to-wit, Rafino Casias, Carl Martin, Mrs. Carl Martin, and Querino Martinez (all of whom, it is admitted, voted for Cardenas) were not legally qualified electors and were not entitled to vote at the election; and also that the vote cast by one Maclovia Martinez, which vote was in favor of Cardenas, was illegally cast and should not be counted. This finding would reduce the vote for Cardenas from 54 to 49 votes.
The court also found that Juan T. Martinez and Rosenda Martinez, who had not been permitted to vote at the election, were legally qualified electors and would have voted for Valdez if they had been allowed to vote; and also that one Pionono Archuletta, who voted for Valdez, was a duly qualified voter and entitled to vote at the election. As a result of the findings as to Juan T. Martinez and Rosenda Martinez, the vote for Valdez was increased from 51 votes, :as found by the election judges, to 53 votes.
The plaintiff in error contends, in effect, that under the undisputed facts the trial court should have found, as a matter of law, that Juan Martinez, Rosenda Martinez, and Pionono Archuletta, were not residents of the school dis
We are also of the opinion that the evidence is sufficient to uphold the trial court’s finding that Rafino Casias was not a legally qualified elector at the election, and that the vote cast by Maclovia Martinez “was illegally cast,, and should not be counted.” This finding reduced the vote for Cardenas from 54, as found by the election judges-,, to 52.
In view of our conclusions, hereinabove stated, it becomes unnecessary to consider the trial court’s findings as-to the residence or qualifications of Carl Martin, Mrs. Carl' Martin, and Querino Martinez, for the votes of these persons if counted for Cardenas would not bring his total vote above 52, which is still less than the number of votes given to Valdez by the undisturbed and unreversed findings of the trial court.
The application for a supersedeas is denied' and the judgment is affirmed.
Affirmed.
Chief Justice Garrigues and Mr. Justice Barley concur...
Case-law data current through December 31, 2025. Source: CourtListener bulk data.