State ex rel. Garcia v. Board of Com'rs

Citations

• 22 N.M. 562
• 166 P. 906

Syllabus

<p>SYLDABUS BY THE COURT.</p> <p>1. A decision in a prior appeal is the law of the case, and upon a subsequent appeal nothing is before the court for review but the proceedings subsequent to the mandate. Where upon the former appeal no question was raised as to the right of relator to proceed by mandamus, such a question will not be considered upon a subsequent appeal.</p> <p>P. 566</p> <p>2. Evidence not within the issues joined is properly excluded. P. 567</p> <p>3. A counterclaim or set-off must always be specially pleaded.</p> <p>P. 569</p> <p>4. Where a board of county commissioners arbitrarily refuses to audit and allow a sheriff compensation for deputies employed by him, as1 required to do by the provisions of chapter 12, Laws 1915, the court properly added interest to the amount found due the sheriff fr'om the date the law became effective; such law providing for the issuance of certificates of indebtedness to such officials bearing interest at the rate of 6 per cent, per annum,, where there was not sufficient money in the country treasury to pay or reimburse such officers. P. 567</p>