State Ex Rel. City of Las Cruces v. McManus

MOISE, Justice.

Petitioner here seeks mandamus to require respondent District Judge to dismiss cause No. 16839 on the docket of the district court of Dona Ana County, entitled Seaborn P. Collins v. City of Las Cruces.

The district court action was docketed on January 12, 1961, and an amended complaint was filed January 25, 1961. On February 9, 1961 defendant filed a motion to dismiss the complaint for failure to state a cause of action. Nothing in the record discloses that the motion was ever ruled on. The principal activity in the case has revolved around getting a judge to preside therein.…