Lincoln-Lucky & Lee Mining Co. v. District Court
New Mexico Supreme Court
Petition for writs of prohibition, one by the Lincoln-Lucky & Lee Mining Company to the district court, sitting in the First Judicial District, for the trial of causes arising under the laws of the United States; and the other by W. P. Cunningham to the county commissioners of Santa Fe County. Preliminary writs made absolute in each cause; Freeman, J., dissenting. The facts are stated in the opinion of the court.
1Opinion of the CourtFall, J.
These cases present for our consideration several important questions, common to both, as to the power of this coui’t to issue the writ, while radically differing in respect to the issues involved upon the merits and as to the officers' and courts to which the writs are directed. In, 558, W. P. Cunningham, petitioner, relates that he is the duly appointed, qualified, and acting sheriff of Santa Fe county; that without warrant of law the board of county commissioners of said county are proceeding to oust him from said office, the said board possessing no jurisdiction in the premises, by reason…
2Cases cited13 opinions
- Ex Parte Crow DogSupreme Court of the United States · 1883
- Smith v. WhitneySupreme Court of the United States · 1886
- McAllister v. United StatesSupreme Court of the United States · 1891
- Perris v. HigleySupreme Court of the United States · 1874
- In the Matter of the Application of ChurchNew York Court of Appeals · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. Townsend v. Court of AppealsNew Mexico Supreme Court · 1967
- Atchison, T. & S. F. Ry. Co. v. State Corp. CommissionNew Mexico Supreme Court · 1939
- Shook v. WilsonNew Mexico Supreme Court · 2025