Dunn v. Town of Gallup

WATSON, Chief Justice.

On the petition of John J. Dunn, an alternative writ of mandamus issued from the district court of McKinley county, directed to the town of Gallup and officials thereof, commanding them to cause the removal of specified curb gasoline pumps as street obstructions, or to show cause. An answer raised issues of fact and of law. Upon findings and conclusions, final judgment was entered dismissing the writ. The plaintiff has appealed.

From the entitling of the petition for the alternative writ, it would appear as if the state were the petitioning party, moved by the relation of…