Territory of New Mexico v. Riggle
New Mexico Supreme Court
Appeal front the District Court for Lincoln County, before E. R. Wright, Associate Justice. Mandamus was the proper remedy.
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Appeal front the District Court for Lincoln County, before E. R. Wright, Associate Justice. Mandamus was the proper remedy. C. L. 1897, secs. 632, 633; Laws 1907, chap. 87; Gray v. Tajdor, 15 N M. 742; 19 A. & E. Enc.,'2 ed. 775; State v. Stock, 16 Pac. 106, 799; Kas.; State v. Burton. 27 Pac. 141, Kas.; State v. Weld, 39 Minn. 426; Wells v. Taylor, 5 Mont: 202; Calaveras County v. Brockaway, 30 Cal. 325. Where the duty is required to be performed by law and is of public nature, the law is sufficient demand and omission to perform is refusal. 19 A. & E. Enc.,, 2 ed. 760; Atty. General v.…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, J.
The six cases above settled will be disposed of as one and by this opinion for the reason that the law controlling all of the cases is the same. In other words, the determination of one of these cases involves the decision of all. These cases all grew out of the attempt to remove the county seat of Lincoln County from the Town of Lincoln, where it has long been located, to the Town of Carrizozo, in the same county. Causes Nos. 1412, 1413, and 1414 are suits wherein it is sought to compel Ihe defendants, who are admitted to be officers of the County of Lincoln,…
2Cases cited1 opinion
- United States v. HealeySupreme Court of the United States · 1895
3Cited by6 opinions
- Farmers' State Bank of Texhoma v. Clayton Nat. BankNew Mexico Supreme Court · 1925
- James v. Board of CommissionersNew Mexico Supreme Court · 1918
- In Re Martinez' WillNew Mexico Supreme Court · 1942
- State ex rel. County Commissioners v. RomeroNew Mexico Supreme Court · 1914
- State Ex Rel. Armijo, Dist. Atty. v. RomeroNew Mexico Supreme Court · 1927
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