State Ex Rel. Deering v. District Court of Fifth Judicial Dist.

LUJAN, Justice.

This is an original proceeding brought to restrain and prohibit the Honorable George T. Harris, Judge of the Fifth Judicial District from proceeding further with a cause pending in the District Court of Chaves County, upon an alleged ground that the court lacks jurisdiction to try it. The material facts are as follows:

On February 24, 1948, proceedings to condemn land of the Deerings were duly instituted by the State of New Mexico and the Board of County Commissioners in the District Court of Chaves County. Thereafter, respondent, as district judge, entered an order appointing…