There is a newer version of the New Mexico Statutes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 44-2-7: When peremptory or alternative writs issued.
NM Stat § 44-2-7 (1996 through 1st Sess 50th Legis) What's This?
44-2-7. [When peremptory or alternative writs issued.]
When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance; in all other cases the alternative writ shall be first issued.
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