2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 4 - Removal of Local Officers
Section 10-4-16 - Appeal; suspension pending reversal; filling vacancy.]
From a judgment of removal, appeal may be taken to the supreme court in the same manner as from a judgment in a civil action, but until such judgment is reversed, the defendant is suspended from his office, and pending the appeal, the office must be filled as in case of vacancy.
History: Laws 1909, ch. 36, § 17; Code 1915, § 3970; C.S. 1929, § 96-121; 1941 Comp., § 10-318; 1953 Comp., § 5-3-18.
Removal and suspension proceedings separate and distinct. — A proceeding for suspension and one for removal are separate and distinct, and each requires its own citation as a basis for jurisdiction, although the former is auxiliary to the latter. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 517.
