Jones v. New Mexico State Highway Department

OPINION

PAYNE, Justice.

David E. Jones brought a breach of contract action against the New Mexico State Highway Department and State Highway Commissioners. The complaint was filed in the District Court in San Miguel County. The State moved for dismissal asserting improper venue and insufficient service of process. The District Court in San Miguel County transferred the cause to the District Court in Santa Fe County. The State appealed.

The controlling issue in this case is whether an action against a state officer may be brought in a district court other than the District Court in Santa Fe…