State ex rel. Town of Portales v. Board of Com'rs
New Mexico Supreme Court
Appeal from District Court, Roosevelt County; Richardson, Judge. Mandamus by the State of New Mexico, on the relation of the Town of Portales, against the Board of County Commissioners of Roosevelt County and others. Peremptory writ issued, motion for supersedeas denied, and the defendants appeal.
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Appeal from District Court, Roosevelt County; Richardson, Judge. Mandamus by the State of New Mexico, on the relation of the Town of Portales, against the Board of County Commissioners of Roosevelt County and others. Peremptory writ issued, motion for supersedeas denied, and the defendants appeal. Where party obeys commands of writ of mandamus, there is nothing for appellate court to review. ' 26 Cyc. 501; State v. Trainer, 137 N. W. 876; State v. Napton, 25 Pac. 1045; Poster v. Smith, 47 Pac. 591; Chamberlain v. MeVicar, 76 W. 839; Hubbell v. Dame, 13 N. M. 467; Alldredge v. Alldredge, 20 N.…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J.
This is an appeal from a judgment of the district court for the County of Roosevelt ordering the issuance of a peremptory writ of mandamus to compel the board of county commissioners of Roosevelt county to certify to the assessor a certain special assessment and to compel the assessor of said county to place the same upon the tax rolls. The judgment was entered on Decernber, 27,1915, and the peremptory writ was issued and served on respondents, appellants here, on January 1, 1916. Motion for appeal and supersedeas was filed by appellants on January 6, 1916, and…
2Cases cited10 opinions
- State ex rel. Begeman v. NaptonMontana Supreme Court · 1891
- San Diego School District v. Board of Supervisors of San Diego CountyCalifornia Supreme Court · 1893
- Tabor v. HippSupreme Court of Georgia · 1911
- Jacksonville School District v. CrowellOregon Supreme Court · 1898
- Betts v. State ex rel. JorgensenNebraska Supreme Court · 1903
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- Miller v. Connecticut General Life Insurance Co.New Mexico Court of Appeals · 1972
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