Commissioners of Santa Fé County v. Territory of New Mexico Ex Rel. Coler
Supreme Court of the United States
APPEALS PROM THE SUPREME COURT OP THE. TERRITORY OP NEW MEXICÓ. The facts are stated in the opinion. The peremptory writ of. mandamus should not have been issued without a hearing or opportunity for respondents' to be heard. The writ is confined to the requirement of official duties of a ministerial character. 2 Spelling, Ex.
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APPEALS PROM THE SUPREME COURT OP THE. TERRITORY OP NEW MEXICÓ. The facts are stated in the opinion. The peremptory writ of. mandamus should not have been issued without a hearing or opportunity for respondents' to be heard. The writ is confined to the requirement of official duties of a ministerial character. 2 Spelling, Ex. Rem.,- §§ 1432-1434, 1437. The court in: mandamús proceedings can inquire into the original judgment so far as to ascertain whether the claim is legally payable out of the taxes sought to be applied. Railroad Co. v.- New Mexico, 72 Pac. Rep. 14; Brownsville v. Loague,…
1Opinion of the CourtJustice McKenna
These appeals are prosecuted to review judgments of the Supreme Court of New Mexico, modifying, and affirming as modified, judgments of mandamus of the District Court of Santa Fé County, commanding the appellants to levy a tax of ten mills in each case on each dollar of taxable property in the county, to pay certain judgments for the amount of principal and interest upon bonds issued by the county. The cases are here on separate records, but as they are submitted together we dispose of them, as the Supreme Court of the Territory did, in one opinion.
The proceedings were commenced by petitions,…
2Cases cited5 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Murphy v. UtterSupreme Court of the United States · 1902
- Sweeney v. LommeSupreme Court of the United States · 1874
- English v. Territory of Arizona Ex Rel. GriffithSupreme Court of the United States · 1909
- Armijo v. ArmijoSupreme Court of the United States · 1901
3Cited by21 opinions
- De Castro v. Board of Comm'rs of San JuanSupreme Court of the United States · 1944
- Phoenix Railway Co. v. LandisSupreme Court of the United States · 1913
- Southwestern Brewery & Ice Co. v. SchmidtSupreme Court of the United States · 1912
- Board of Com'rs v. District Court of Fourth Judicial Dist.New Mexico Supreme Court · 1924
- Clason v. MatkoSupreme Court of the United States · 1912
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