2013 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 2 - Mandamus
Section 44-2-4 - [Purpose of writ; judicial discretion not controlled.] (1884)

NM Stat § 44-2-4 (2013) What's This?

44-2-4. [Purpose of writ; judicial discretion not controlled.] (1884) 
It may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station; but though it may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, it cannot control judicial discretion.   
  History: Laws 1884, ch. 1, § 38; C.L. 1884, § 1993; C.L. 1897, § 2761; Code 1915, § 3413; C.S. 1929, § 86-103; 1941 Comp., § 26-104; 1953 Comp., § 22-12-4. 

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