City of Roswell v. Richardson
New Mexico Supreme Court
Application for original writ of prohibition by the City of Roswell, a municipal corporation, against Granville A. Richardson, Judge of the District Court in and for the’ Fifth Judicial District of the State of New Mexico, and' said District Court. Even where writ of prohibition is sued out in name of State, the state is not a necessary party. ' 32 Cyc. 625; 2 Spelling Injs., sec. 1745; Cronan v. District Court, 96 Pac.
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Application for original writ of prohibition by the City of Roswell, a municipal corporation, against Granville A. Richardson, Judge of the District Court in and for the’ Fifth Judicial District of the State of New Mexico, and' said District Court. Even where writ of prohibition is sued out in name of State, the state is not a necessary party. ' 32 Cyc. 625; 2 Spelling Injs., sec. 1745; Cronan v. District Court, 96 Pac. (Idaho) 768. Writ of prohibition proper remedy where judgment rendered when court had no jurisdiction. ' > Lincoln, etc.,- Mining Co. v. District Court, 7 N. M. 486.…
1Opinion of the Court
OPINION OF THE COURT.
HANNA, J.
(after stating the facts as above.) [1] To the.petition filed by the city of Roswell a demurrer is interposed, which raises a number of grounds, the first being that the petition does- not' state facts sufficient to constitute a cause of action, because the city of Roswell is' not authorized by law to prosecute in its own name an action for prohibition, the basis of this contention being that the petition in this cause is not brought in the name óf the state, by the city of Roswell, as relator. So far as we can ascertain, this question has never .been heretofore…
2Cases cited3 opinions
- Grigg v. DalsheimerSupreme Court of Virginia · 1891
- Cronan v. District CourtIdaho Supreme Court · 1908
- Wilson v. BerkstresserSupreme Court of Missouri · 1870
3Cited by4 opinions
- Frederick, as Co. Solicitor v. Rowe as JudgeSupreme Court of Florida · 1932
- Gilmore v. District Court of Fifth Judicial Dist.New Mexico Supreme Court · 1930
- State Ex Rel. O'Connor v. District CourtSupreme Court of Iowa · 1935
- State Ex Rel. Prince v. CoorsNew Mexico Supreme Court · 1948