State Ex Rel. State Highway Commission v. Quesenberry

CARMODY, Justice.

This is an appeal by the state from the issuance of a peremptory writ of mandamus requiring payment of a stipulated'judgment entered in a condemnation proceeding. There is no appeal from the judgment itself, and reference is made to the former opinion denying a motion to dismiss, which states the circumstances of the appeal. (See State ex rel. State Highway Commission v. Quesenberry, 1963, 72 N.M. 291, 383 P.2d 255.)

Although stated by appellant as four separate points, there are really only two questions to be determined. Initially, appellant strongly urges that the district…