Herbert v. Board of County Commissioners

New Mexico Supreme Court
Herbert v. Board of County Commissioners, 18 N.M. 129 (N.M. 1913)
134 P. 204
Roberts

Herbert v. Board of County Commissioners

Opinion of the Court

OPINION OP THE COURT.

ROBERTS, C. J. —

This action was instituted in the court below by appellant, who is the tax assessor of Chaves Count], to recover compensation for his services from the County of Chaves, as such official. The ease at bar presents no features that have not been airead] fully considered and decided by this court. In the case of State v. Romero, 124 Pac. 649, we held that,

“The compensation of a county officer, under the provisions of section 1 of article X of the Constiution, is dependent upon the enactment by the legislature of a salary law, and he can not recover for his services until such a law is passed, and then only as provided by such act."

See also, State v. Romero, 125 Pac. 617.

1 No law lias been enacted, fixing the compensation of tax assessors, consequently under the rule announced, in the decided case, from which we see no. reason to depart, it follows that the judgment of the lower court, sustaining the demurrer to appellant’s complaint and dismissing the action, was proper, and will be affirmed, and it is so ordered.

Reference

Full Case Name
GUY H. HERBERT, Tax Assessor v. BOARD OF COUNTY COMMISSIONERS OF CHAVES COUNTY
Cited By
13 cases
Status
Published
Syllabus
SYLLABUS (BY THE COURT) 1. The judgment of the district court is affirmed upon the authority of State v. Romero, 124 Pac. 649, and State v. Romero, 125 Pac. 617, decided by this court on March 23, 1912. P. 131