State ex rel. Cobb v. Raithel
New Mexico Supreme Court
Appeal from District Court, Luna County; Ryan, Judge. Rule to show cause why leave should not be granted to State of New Mexico, on relation of J. N. Cobb and others, to file an information in the nature of quo war-ranto against A. C. Raithel and others, as members of the Board of Education of the Village of Deming. From an order discharging the rule, relators appeal. STATEMENT OP PACTS.
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Appeal from District Court, Luna County; Ryan, Judge. Rule to show cause why leave should not be granted to State of New Mexico, on relation of J. N. Cobb and others, to file an information in the nature of quo war-ranto against A. C. Raithel and others, as members of the Board of Education of the Village of Deming. From an order discharging the rule, relators appeal. STATEMENT OP PACTS. This appeal is taken from an order of the district count for Luna county, discharging a rule to show cause why leave should not be granted to file an information in the nature of quo warranto against…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
[1] (after stating the facts ^as above). While there are numerous assignments of error presented by the brief of appellants raising troublesome questions, yet this case, in our opinion, turns upon but one point, i. e., whether the trial court abused its discretion in discharging the rule to show cause. In this connection, as stated in 32 Cyc. 1433, in quo warranto proceedings:
“Tbe writ upon tbe relation of a private citizen is not, as a general rule, a writ of right, nor is leave now granted as a matter of course, a petition to file a writ in tbe nature •of…
2Cited by1 opinion
- State Ex Rel. Abercrombie v. District Court of Fourth Judicial Dist.New Mexico Supreme Court · 1933