Legal Opinion

State ex rel. New Mexico State Bank v. Montoya

New Mexico Supreme Court

Decided September 20, 1916No. 1891PublishedCited by 5 opinions

Appeal from District Court, Socorro County; M. C. Mechem, Judge. Petition by the State, on the relation of the New Mexico State Bank, for mandamus to Max Montoya, Treasurer of Socorro County. From a judgment for defendant, plaintiff appeals. STATEMENT OP PACTS. This is an action in mandamus against the county-treasurer of Socorro county, N. If.

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Appeal from District Court, Socorro County; M. C. Mechem, Judge. Petition by the State, on the relation of the New Mexico State Bank, for mandamus to Max Montoya, Treasurer of Socorro County. From a judgment for defendant, plaintiff appeals. STATEMENT OP PACTS. This is an action in mandamus against the county-treasurer of Socorro county, N. If. The petition recites that the relator, the New Mexico State Bank of Socorro, N. M., on June 14, 1915, applied to the board of county commissioners of Socorro county to be designated a depository of public funds of said county under the provisions of…

1Opinion of the Court

OPINION OP THE COURT.

BANNA, J.

(after stating the facts as above.) — The appellant in his argument seems to assume that an attack by appellee is made upon his motion to quash the answer which was filed in the court below, and cites authority in support of his contention that this was the proper procedure for him to follow. By the brief of appellee, however, it appears that no attack of this character is seriously urged, and appellee takes the position that the motion to quash respondent’s answer was rightly overruled and evidently elects to present the question upon its merits, rather than…

2Cases cited6 opinions

  1. Lake County v. RollinsSupreme Court of the United States · 1889
  2. Supervisors v. StanleySupreme Court of the United States · 1882
  3. Price v. HopkinMichigan Supreme Court · 1865
  4. State ex rel. Cummings v. TrewhittTennessee Supreme Court · 1904
  5. Sammis v. BennettSupreme Court of Florida · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Ricks v. Department of State Civil ServiceSupreme Court of Louisiana · 1942
  2. Lumpkins v. McPheeNew Mexico Supreme Court · 1955
  3. Royal Indemnity Co. v. McClendonNew Mexico Supreme Court · 1958
  4. Griggs v. Board of County Com'rs of Colfax CountyNew Mexico Supreme Court · 1935
  5. R. H. Fulton, Inc. v. New Mexico Bureau of RevenueNew Mexico Court of Appeals · 1973

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