There is a newer version of the New Mexico Statutes
2011 New Mexico Statutes
Chapter 44: Miscellaneous Civil Law Matters
Article 2: Mandamus, 44-2-1 through 44-2-14
Section 44-2-10: Peremptory mandamus on failure to answer; procedure after answer.
NM Stat § 44-2-10 (1996 through 1st Sess 50th Legis) What's This?
44-2-10. [Peremptory mandamus on failure to answer; procedure after answer.]
If no answer is made a peremptory mandamus shall be allowed against the defendant; if an answer is made containing new matter, the plaintiff may, on the trial or other proceedings, avail himself of any valid objection to its sufficiency, or may countervail it by evidence either in direct denial or by way of avoidance.
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