2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 23 - Misconduct by Officials
Section 30-23-4 - Injunction to restrain unlawful payment of public funds.
Any citizen of this state may file suit in the district court to restrain the payment or receipt of public money in violation of Sections 23-2 and 23-3 [30-23-2 and 30-23-3 NMSA 1978]. Jurisdiction to entertain and adjudicate such suits is conferred upon the district courts, and such suits shall be subject to the same rules, statutes and law with respect to procedure, venue and appeals as ordinary civil actions for injunctive relief.
History: 1953 Comp., § 40A-23-4, enacted by Laws 1963, ch. 303, § 23-4.
Cross references. — For civil actions for injunctive relief, see Rules 1-065 and 1-066 NMRA.
Citizen's authority restricted. — The authority granted private citizens by former law was restricted to the bringing of actions to restrain the payment or receipt of public funds. Hatch v. Keehan, 1956-NMSC-019, 61 N.M. 1, 293 P.2d 314.
Recovery of funds not authorized. — A private citizen was not authorized by former law to bring an action for the recovery or restoration of public funds. Hatch v. Keehan, 1956-NMSC-019, 61 N.M. 1, 293 P.2d 314.
