Reese v. Dempsey

BRICE and BICKLEY, Justices

(dissenting) .

All seemed agreed in conference that should the provisions of 1941 Comp. 56-349 (6) and other pertinent laws of the State of New Mexico be applied, informant Reese would prevail, but' much stress was then laid and now relied upon by the majority upon what this court said in Miera v. Martinez, 48 N.M. 30, 145 P.2d 487 as to the meaning of Sec. 56-349 (6).

The majority also put undue stress upon certain language in the writ of mandamus issued July 7, 1944, to the exclusion of other language used in the writ and t'o the exclusion of the true intent and…