State ex rel. Garcia v. Board of Commissioners
New Mexico Supreme Court
Appeal from District Court, Rio Arriba County; E. C. Abbott, Judge. Mandamus by the S'tate, on the relation of Elias Garcia, against the Board of County Commissioners of Rio Arriba County, N. M. From judgment for defendant, plaintiff appeals. Return to alternative writ must be limited to denial of facts alleged therein.
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Appeal from District Court, Rio Arriba County; E. C. Abbott, Judge. Mandamus by the S'tate, on the relation of Elias Garcia, against the Board of County Commissioners of Rio Arriba County, N. M. From judgment for defendant, plaintiff appeals. Return to alternative writ must be limited to denial of facts alleged therein. Sec. 3420, Code 1915; Conklin v. Cunningham, 7 N. M. 445. Fact that employment of deputies by appellant had not been authorized by county commissioners is immaterial. See. 2, c. 12, L. 1915. Can law issues be made by the-return? Conklin v. Cunningham, cited by appellant is not…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating the facts as above.) — The. first point presented for our consideration by the appellant is based upon the first assignment of error, and is predicated upon the action of the trial court in overruling relator’s motion to strike paragraph 1 of the answer-of respondent; appellant’s contention in this respect being based upon the theory that the return of the respondent to the alternative writ of mandamus must be limited' to a denial of the facts alleged therein, and that the mo-, tion should have been granted because the said paragraph' of the answer…
2Cases cited4 opinions
- State ex rel. Atchison, Topeka & Santa Fe Railroad v. Board of County CommissionersSupreme Court of Kansas · 1873
- Beadles v. FrySupreme Court of Oklahoma · 1905
- State ex rel. Ayres v. StockwellSupreme Court of Kansas · 1871
- Crans v. FrancisSupreme Court of Kansas · 1881
3Cited by6 opinions
- State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1926
- Mimbres Valley Irrigation Co. v. SalopekNew Mexico Court of Appeals · 2006
- State Ex Rel. Fitzhugh v. City Council of City of Hot SpringsNew Mexico Supreme Court · 1952
- State Ex Rel. Chesher v. BeallNew Mexico Supreme Court · 1937
- State ex rel. New Mexico State Bank v. MontoyaNew Mexico Supreme Court · 1916
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