Albright v. Sandoval (No. 2)

Background

Jesus Maria Sandoval was the lawfully elected assessor of Bernalillo County, New Mexico. George F. Albright entered and served in the office, collecting fees. After earlier litigation decided who lawfully held the office, Sandoval sued to recover past fees, alleging $6,184.16 in emoluments taken by Albright; Albright admitted receiving $6,648 and claimed $2,142.25 in necessary office expenses.

Reasoning

The core question was whether the elected assessor could recover fees taken by the person who occupied the office and whether that person could deduct expenses. The Court found no territorial statute on point and applied the common law rule that a lawfully elected officer may recover emoluments taken by an intruder. The Court also agreed with lower courts that when the intruder entered in good faith and under color of title, reasonable expenses necessarily incurred in performing the office may be deducted from what must be repaid. The Court accepted the territorial courts’ construction that the local legislation did not create a vacancy or validate Albright’s appointment.

Real world impact

The ruling requires someone who wrongly took a local elected office to return earnings to the rightful officeholder, but it allows the wrongdoer to subtract reasonable, good-faith expenses that were necessary to get and carry out the work. The decision affirms the jury verdict and the territorial Supreme Court’s judgment for the elected assessor, with recovery measured by net, not gross, receipts.