Witt v. Hartman

OPINION

WATSON, Justice.

This is an appeal from an order quashing an alternative writ of mandamus by which ' respondent-appellee had been directed to approve a reimbursement voucher and issue warrants in payment of per diem and airplane fare covering petitioner-appellant’s out-of-state travel, or to show cause why he had not done so.

Appellant contends that appellee has a clear ministerial duty (i. e., the duty involves no discretion) to approve the reimbursement voucher and issue the warrants by virtue of § 11-1-9(E), N.M.S.A., 1953 Comp., for if that section attempts to place any discretion in…