Legal Opinion

Territory of New Mexico ex rel. Coler v. Board of County Commissioners

New Mexico Supreme Court

Decided February 27, 1907No. Nos. 1122, 1123PublishedCited by 3 opinions

Appeal from tbe District Court for Santa Fe County, before John R. McFIe, Associate Justice-. A peremptory writ oil mandamus will not lie in any matter requiring the exercise of official judgment and discretion. It will be used to set the official in motion, where his discretion and judgment are required and force him to exercise his function according to some discretion when he has refused to act at all. 2 Spelling Ex.

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Appeal from tbe District Court for Santa Fe County, before John R. McFIe, Associate Justice-. A peremptory writ oil mandamus will not lie in any matter requiring the exercise of official judgment and discretion. It will be used to set the official in motion, where his discretion and judgment are required and force him to exercise his function according to some discretion when he has refused to act at all. 2 Spelling Ex. Rem,, sees. 1432-1434, 1437. The court can so far inquire into a judgment rendered against a county as to ascertain if the claim is legally payable out of taxes sought to be…

1Opinion of the Court

OPINION OP THE COURT.

PARKER, J.

On September 24, A. D. 1900 relatois recovered judgment against appellant in two separate actions upon interest coupons past due and unpaid upon certain outstanding bonds of appellant and in the sum of' $60,926.02 and $74,358.17, respectively. In and by said judgments it was ordered by the court that the appellant levy upon all of the taxable property in said county a special tax sufficient to raise the amount of said judgments, together with interest thereon until paid, and together with costs. On February 7, 1901, the appellant levied on all the taxable…

2Cited by3 opinions

  1. State Ex Rel. State Highway Commission v. QuesenberryNew Mexico Supreme Court · 1963
  2. Logan v. Town of Frisco CitySupreme Court of Alabama · 1981
  3. Mora County Board of Education v. ValdezNew Mexico Supreme Court · 1956

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