State ex rel. Holloman v. Leib

Citations

• 17 N.M. 270
• 125 P. 601

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. A proceeding by information in the nature of quo warranto to try title to a public office is not a proceeding against the officer as such, but is confined in its scope to an inquiry as to whether the person is lawfully holding the office.</p> <p>2. Under the provisions of sec. 15 of art. 6 of the constitution, the Chief Justice of this Court has power to designate any District Judge in the State to bold. Court in any district whenever the public business may require, whether the requirement arises out of an undue accumulation of business, or by reason of the disqualification of the District Judge to sit in any one or more cases.</p> <p>3. Tbe provision of tbe section for trials before a member of tbe bar as Judge pro tempore is permissive merely, and does not control tbe other provisions of tbe section.</p>