State ex rel. Stephens v. State Corp. Commission
New Mexico Supreme Court
■ Appeal from District Court, Santa Fe County; Holloman, Judge. Mandamus by the State of New Mexico, on relation of Henry F. .Stephens, against the State Corporation Commission, Hugh S. Williams and another, individual members thereof. Judgment for plaintiff, and defendants appeal. Peremtory writ of mandamus should not have issued because there was no funds in the treasury subject to draft by the warrant of the auditor.
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■ Appeal from District Court, Santa Fe County; Holloman, Judge. Mandamus by the State of New Mexico, on relation of Henry F. .Stephens, against the State Corporation Commission, Hugh S. Williams and another, individual members thereof. Judgment for plaintiff, and defendants appeal. Peremtory writ of mandamus should not have issued because there was no funds in the treasury subject to draft by the warrant of the auditor. Garcia v. Bursum, 10 N. M. 43; Terr, ex rel Lester v. Suddith, 15 N. M. 741; Sec. 5342, Code 1915; 6 Wall. 209; High Extra. Legal Bern. Sec. 26; Chicot ■ County v. Kruse, 47…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
This suit was instituted by the state of New Mexico, at the relation of Henry F. Stephens, by petition in mandamus, praying that the appellants be directed by peremptory writ to issue to him a salary voucher in the sum of $150, covering salary for the month of October, 1917. Upon the filing of the petition the court below directed issuance of an alternative writ, which was issued and served on the respondents on November 27, 1917. The respondents in their return to the alternative writ denied that it was their duty to issue to relator a voucher for salary…
2Cases cited12 opinions
- Roberts v. United StatesSupreme Court of the United States · 1900
- State ex rel. Brown v. McQuadeWashington Supreme Court · 1905
- The People Ex Rel. Dannat v. . ComptrollerNew York Court of Appeals · 1879
- Ross v. Board of EducationCalifornia Court of Appeal · 1912
- People ex rel. Pennell v. TreanorAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by5 opinions
- State Ex Rel. Castillo Corp. v. New Mexico State Tax CommissionNew Mexico Supreme Court · 1968
- Pecos Valley Artesian Conservancy Dist. v. PetersNew Mexico Supreme Court · 1945
- State Ex Rel. Shepard v. MechemNew Mexico Supreme Court · 1952
- Fowler v. GillmanUtah Supreme Court · 1930
- State Ex Rel. Thompson v. BeallNew Mexico Supreme Court · 1932