State ex rel. Cobb v. Raithel

Citations

• 24 N.M. 42
• 172 P. 1137

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. In quo warranto proceedings the writ upon the relation of a private citizen is not, as a general rule, a writ of right, nor is leave now granted as a matter of course; a petition to file a writ in the nature of quo warranto being addressed to the discretion of the court.</p> <p>P. 44</p> <p>2. In the exercise of this discretion it is said that the writ may be denied on the ground of public policy or in consideration of general justice, all the circumstances being considered, and the question determined from a standpoint of public interest; and thus the court may deny an application for leave to file an information, although the facts are such that, if the proceeding was entertained, judgment would have to be given against the respondent.</p> <p>P. 44</p> <p>3. Evidence examined. Held to show no abuse of judicial discretion in dismissing a rule to show cause why leave should not be granted to file an information in the nature of quo warranto.</p> <p>P. 45</p>