State Ex Rel. New Mexico State Highway Commission v. Taira

OPINION

CARMODY, Justice.

In anticipation of possible. future litigation, the New Mexico State Highway Commission filed an original proceeding in the district court, seeking “an order allowing it to perpetuate evidence, * * The trial court granted the relief sought, but, as a part thereof, required that the information obtained be filed with the court and that it be subject to inspection by the defendants. The commission appeals because of the filing and inspection requirement.

The controversy arose in this way: The commission, in connection with the building, of Interstate 40 through the city…