Montoya v. Blackhurst

OPINION

MONTOYA, Justice.

Petitioner-appellee Ernest P. Montoya, hereinafter referred to as “appellee,” brought suit in the District Court of Bernalillo County asking for a writ of mandamus to order respondents-appellants Magistrates, hereinafter referred to as “appellants,” to quash a writ of replevin issued in the Magistrate Court. The District Court issued an alternative writ of mandamus. Before a hearing was held on the alternative writ, appellee amended his petition for a writ of mandamus and asked, in the alternative, for a declaratory judgment that the replevin statute was…