State Ex Rel. State Highway Commission v. Quesenberry

NOBLE, Justice.

The State Highway Commission (respondent-appellant) has appealed from a permanent writ of mandamus requiring it to pay relators (appellees) the amount awarded by a stipulated judgment in eminent domain, as compensation for the taking, for a public purpose, of certain real estate in Dona Ana County, New Mexico. The judgment in the condemnation proceeding was not appealed from and time for appeal therefrom has long since expired. Appellees have moved to dismiss the appeal upon the ground that mandamus, invoked in this case only in the nature of a writ of execution to enforce a…