State ex rel. Mitchell v. Medler

Citations

• 17 N.M. 644
• 131 P. 976

Syllabus

<p>SYLLABUS (BY THE COURT)'.</p> <p>1. An action for the removal of an officer from office under the provisions of chapter 36, laws of 1909, is a civil and not a criminal proceeding.</p> <p>2. The words “immediately set down for trial” as used in sec. 12 of the Act, are not peremptory, but secure, merely, to the public and the defendant, a preference of right of trial over other eases, and impress upon the proceeding as much expedition as is within the power of the court.</p> <p>3. A writ of prohibition is not available as a writ of error, but is only available where there is a lack of jurisdiction.</p>