Public Service Co. of NM v. First Judicial Dist. Court

Upon a consideration of the motion for a rehearing the opinion heretofore filed is withdrawn and the following is substituted:

McGHEE, Justice.

Plaintiff, G. & G. Gardens, Inc., filed a complaint in two counts against the Public Service Company of New Mexico, defendant and petitioner herein, in the District Court of Santa Fe County. A final judgment in favor of the plaintiff was entered on both counts, the first being a money judgment based on a jury verdict and the second being an injunction decree.

The case is here on an alternative writ of mandamus arising out of the action of the district…