Pickering v. Justice of the Peace

Citations

• 16 N.M. 37
• 113 P. 619

Syllabus

<p>SYLLABUS.</p> <p>1. Under C. L. 1897, sec. 3244, requiring that service of writ he made five days before the return day, the day of service or the return day being excluded in making up the five days, service at any hour of November 19 was sufficient for any hour of November 24 as return day.</p> <p>2. In absence of ¡statutory' provisions, judicial acts, including judgments on holidays, are valid.</p> <p>3. Defendants had adequate remedy through appeal, or writ of certiorari and if they were misled to their injury by respondent, they may have had a good cause of action against him for damages.</p> <p>4. Prohibition is an extraordinary judicial prerogative writ “to be used with great caution and forbearance for the furtherance of justice, and for securing order and regularity in all the tribunals where there is. no other regular and ordinary remedy.”</p>