Legal Opinion
State Ex Rel. Callaway v. Axtell
New Mexico Supreme Court
Decided March 9, 1964No. 7313PublishedCited by 8 opinions
1Opinion of the Court
CARMODY, Justice.
The state appeals from the action of the trial court in sustaining a motion to dismiss its complaint.
The basic question at issue is: May a gratuity, paid by the state but subsequently determined to have been granted unconstitutionally, be recovered back from the recipient ?
For a proper understanding of the case, it is necessary to briefly discuss State ex rel. Mechem v. Hannah, 1957, 63 N.M. 110, 314 P.2d 714. That case was an original proceeding in mandamus, wherein we held that ch. 22 of the Session Laws of 1957 was in violation of art. IX, § 14, of the Constitution of New…
2Cases cited42 opinions
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
- Wichita County v. RobinsonTexas Supreme Court · 1954
- Stuart v. PilgrimSupreme Court of Iowa · 1956
- Herald Publishing Co. v. BillSupreme Court of Connecticut · 1955
- Board of Commissioners of Huntington Co. v. HeastonIndiana Supreme Court · 1896
37 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Trujillo v. City of AlbuquerqueNew Mexico Supreme Court · 1998
- Chronis v. State Ex Rel. RodriguezNew Mexico Supreme Court · 1983
- City of Las Vegas v. OmanNew Mexico Court of Appeals · 1990
- Apex Lines, Inc. v. LopezNew Mexico Court of Appeals · 1991
- Reliance Insurance Companies, Inc. v. Alaska State Housing Auth.District Court, D. Alaska · 1971
3 more not listed; retrieve them via the Exa API.