State Ex Rel. Davidson v. Sedillo

OPINION OF THE COURT

BICKLEY, C. J.

Relators petitioned for a writ of mandamus directed to the respondent in his official capacity, requiring him to remit certain moneys in his hands, being the proceeds of tax levies made pursuant to chapter 37, Laws 1925, to the state treasurer of the state of New Mexico, as directed by said statute.

An alternative writ of mandamus was issued, and respondent demurred thereto, upon the grounds that the writ and the petition upon which it is based do> not state facts sufficient to constitute a cause of action or to sustain the writ in this, to wit:

“The authority…