State v. Marron
New Mexico Supreme Court
ORIGINAL IN THE .SUPREME COURT. MANDAMUS. DENIED. Brief of Respondent resisting application for peremptorv mandamus. If the investment of school monies by the State Treasurer requires the exercise oí any discretion or judgment on the part of the respondent mandamus will not lie. Goodrich v. Guthrie, 58 U. S. 284; U. S. v. Seaman, 58 TT.
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ORIGINAL IN THE .SUPREME COURT. MANDAMUS. DENIED. Brief of Respondent resisting application for peremptorv mandamus. If the investment of school monies by the State Treasurer requires the exercise oí any discretion or judgment on the part of the respondent mandamus will not lie. Goodrich v. Guthrie, 58 U. S. 284; U. S. v. Seaman, 58 TT. S. 225; Regents, etc., v. Vaughn, 12 N. M. 333; United States v. Black, 128 U. S. 40. Duty was upon the State Treasurer to seek safe interest-bearing securities in which to invest the school funds. 'The power of the Governor, Secretary of State, and Attorney…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J. —
This is a proceeding in mandamus to compel the investment of the Permanent School Funds of the State in the State Highway Bonds.
It appears that respondent, as State Treasurer, received from the Territorial Treasurer, at the inception of the State government, the sum of $110,453.52, the result of the sales of public lands of the United States in the Territory, under the terms of the Act of Congress of June 21, 1898, 30 Stat. L. 484, 6 Fed. Stat. Ann. 482. These funds, at the time respondent took office, were deposited in banks, in pursuance to the provisions of…
2Cases cited5 opinions
- State v. McFetridgeWisconsin Supreme Court · 1893
- State ex rel. First National Bank v. BartleyNebraska Supreme Court · 1894
- People ex rel. National Cigar Co. v. DulaneyIllinois Supreme Court · 1880
- Jennings v. DavisSupreme Court of Connecticut · 1862
- State ex rel. Lacaze v. CavanacSupreme Court of Louisiana · 1878
3Cited by12 opinions
- Lawson v. BakerCourt of Appeals of Texas · 1920
- Murphy v. StateArizona Supreme Court · 1947
- State Ex Rel. Otto v. FieldNew Mexico Supreme Court · 1925
- State v. WalkerNew Mexico Supreme Court · 1956
- State ex rel. Richardson v. Fifth Judicial District Nominating CommissionNew Mexico Supreme Court · 2007
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