Regents of the Agricultural College v. Vaughn
New Mexico Supreme Court
Appeal from the District court of Santa Fe county before John R. M'cFie, Associate Judge. Under the practice in New Mexico, the petition is a part of the alternative writ. Peres v. Barber, 7 N. M. 223; 13 Ency. PI. and Pr., 671-73. All- material allegations well pleaded in the petition, and not denied or answered in the answer, will be deemed and taken as true. Linch et al. v. State (Neb.), 47 N. W. 88. An argumentative denial is no- denial.
Read the full summary
Appeal from the District court of Santa Fe county before John R. M'cFie, Associate Judge. Under the practice in New Mexico, the petition is a part of the alternative writ. Peres v. Barber, 7 N. M. 223; 13 Ency. PI. and Pr., 671-73. All- material allegations well pleaded in the petition, and not denied or answered in the answer, will be deemed and taken as true. Linch et al. v. State (Neb.), 47 N. W. 88. An argumentative denial is no- denial. Woodruff v. N. Y. & N. E. R. Co., 20 At. 17. Facts must be pleaded and not conclusions. Tapping on Mandamus, art. 352, pp. 394, 395, 401 and 413; People…
1Opinion of the Court
OPINION OF THE COURT.
MILLS, C. J.
This is an action in mandamus, brought by the board of regents of the agricultural college of New Mexico v. J. H. Vaughn, treasurer of the Territory of New Mexico, by which petitioners seek to compel the said Vaughn, as such treasurer, to pay to them the sum of $25,000 out of the temporary provisional indebtedness fund.
By sec. 2 chap. 108 of the Session Laws of 1903 (the appropriation bill) the legislative assembly appropriated to the agricultural college of New Mexico-, the sum of $25,000 in addition to another appropriation made to the same institution, and…
2Cases cited2 opinions
- Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
- Bayard v. United States Ex Rel. WhiteSupreme Court of the United States · 1888
3Cited by8 opinions
- Carper v. Board of County Com'rs of Eddy CountyNew Mexico Supreme Court · 1953
- Laumbach v. Board of County Commissioners of San Miguel CountyNew Mexico Supreme Court · 1955
- Owens v. SwopeNew Mexico Supreme Court · 1955
- Carson Reclamation Dist. v. VigilNew Mexico Supreme Court · 1926
- Witt v. HartmanNew Mexico Supreme Court · 1970
3 more not listed; retrieve them via the Exa API.