Historical Society of New Mexico v. Montoya

CARMODY, Justice.

This is an original proceeding in prohibition, which seeks to prevent the respondent district judge from signing an order directing the clerk of the district court to turn over possession of certain documents which had been delivered to her by relator at the time it filed a suit claiming ownership thereof.

This is the second time that we have been called upon in original proceedings to resolve problems involving the same documents. The opinion in Sender v. Montoya, 1963, 73 N.M. 287, 387 P.2d 860, was announced by us on December 23, 1963, and on January 14, 1964, a peremptory…