State Ex Rel. Howell v. Montoya

NOBLE, Justice.

In this original proceeding, relator seeks to prohibit the district court from enforcing its order adjudging him to be in contempt.

An execution issued to enforce a judgment against defendant (relator) in cause numbered 7888, Rio Arriba County, was returned nulla bona. The judgment creditor then caused a subpoena to issue, pursuant to Rule 69 of the Rules of Civil Procedure (§ 21-1-1(69), N.M.S.A.1953), directing the judgment debtor (relator) to appear before the district court to be examined concerning his property and his ability to satisfy the judgment. Relator sought to…