Lorenzino v. State ex rel. James
New Mexico Supreme Court
Appeal from the District Court of McKinley County; Herbert F. Raynolds, District Judge; Decision of the county commissioners, in view of the discretionary power vested in the board, is not reviewable on mandamus. Laws 1905, chap. 115, sec. 4; Dillon on Municipal Corporations, sec. 1489; Kimberlin v. Commission, 104 Fed. 563; Friel v. McAdoo, 181 N. Y. 588; Spelling, Extraordinary Bemedies, sec. 1368; 19 A. & E. Ene.
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Appeal from the District Court of McKinley County; Herbert F. Raynolds, District Judge; Decision of the county commissioners, in view of the discretionary power vested in the board, is not reviewable on mandamus. Laws 1905, chap. 115, sec. 4; Dillon on Municipal Corporations, sec. 1489; Kimberlin v. Commission, 104 Fed. 563; Friel v. McAdoo, 181 N. Y. 588; Spelling, Extraordinary Bemedies, sec. 1368; 19 A. & E. Ene. L. (2nd Ed.) The existence or nOn-existence of an adequate remedy at law is a test to which the alternative writ must be put before the peremptory writ will issue. State v. Mayor,…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J. —
The principal question involved in this appeal is, whether mandamus is an available remedy, to compel the revocation by the board of ccunty commissioners of a liquor license where liquor is' being sold thereunder, “outside of the locality for which such license was granted.” The lower Court granted the writ, upon an agreed statement of facts. By the statement it was stipulated that the facts stated in the petition filed with the board .of commissioners, were to be taken as true by the Distiicfc Court. In the petition it was averred that the. building where…
2Cases cited6 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861
- Board of Commissioners v. State ex rel. BrownIndiana Supreme Court · 1897
- State ex rel. French v. JohnsonIndiana Supreme Court · 1886
- Harelson v. South San Joaquin Irrigation DistrictCalifornia Court of Appeal · 1912
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3Cited by13 opinions
- El Dorado at Santa Fe, Inc. v. Board of County CommissionersNew Mexico Supreme Court · 1976
- State v. KellyNew Mexico Supreme Court · 1921
- State v. StarrNew Mexico Supreme Court · 1917
- Taos County Board of Education v. SedilloNew Mexico Supreme Court · 1940
- Floeck v. Bureau of RevenueNew Mexico Supreme Court · 1940
8 more not listed; retrieve them via the Exa API.