State ex rel. Sweeney v. Second Judicial District
New Mexico Supreme Court
Mandamus. STATEMENT OP PACTS. The relator made a contract with H. D. Schuyler for the sale of certain real estate, the consideration being the transfer of a certificate of stock, which, it is alleged, Schuyler represented to be of the value of $1,500 and the assumption of a mortgage. Relator avers that the stock was not owned -by Schuyler and that the representations made in regard to-the value of the shares were false and-fraudulent.
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Mandamus. STATEMENT OP PACTS. The relator made a contract with H. D. Schuyler for the sale of certain real estate, the consideration being the transfer of a certificate of stock, which, it is alleged, Schuyler represented to be of the value of $1,500 and the assumption of a mortgage. Relator avers that the stock was not owned -by Schuyler and that the representations made in regard to-the value of the shares were false and-fraudulent. Schuyler died and a claim against his estate, based upon the foregoing facts, was presented to and disallowed by the administratrix, but subsequently allowed by…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
The first and only question necessary for our determination is whether this court can review the action of the District Court of the Second Judicial District in ruling that it had no jurisdiction of the cause, and by a peremptory writ of mandamus compel that court to reinstate the cause and proceed to a trial thereof.
The following legislative enactments upon the subject of mandamus are to be found in the Comp. Laws of 1897, viz:
“Sec. 2761. It may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law…
2Cases cited11 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Ex Parte Railway CompanySupreme Court of the United States · 1881
- Hindman v. O'ConnorSupreme Court of Arkansas · 1891
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Montoya v. BlackhurstNew Mexico Supreme Court · 1972
- Owens v. SwopeNew Mexico Supreme Court · 1955
- State Ex Rel. New Mexico State Highway Department v. SilvaNew Mexico Court of Appeals · 1982
- Ellinwood v. MoralesNew Mexico Court of Appeals · 1986
- State Board of Parole v. LaneNew Mexico Supreme Court · 1957
1 more not listed; retrieve them via the Exa API.