State ex rel. Owen v. Van Stone

Citations

• 17 N.M. 41
• 121 P. 611

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Const, art. 6, sec. 3, gives the Supreme Court original jurisdiction in quo warranto against all state commissions, etc., as well as a superintending control over all inferior courts, with power to issue all writs necessary for the complete exercise of its jurisdiction, and section 13 gives the district courts original jurisdiction in all matters not excepted in the Constitution, and provides that such courts shall have power to issue writs of quo warranto, certiorari, etc., and all other writs, remedial or otherwise, in the exercise of their jurisdiction. Held, that the jurisdiction of the Supreme Court in quo warranto against state commissions and officers, while original, was concurrent with that of the district courts and not exclusive.</p> <p>2. St. Anne, c. 20, 1710, relating to informations in the nature of quo warranto, is a part of the common law.</p> <p>3. The granting or refusal of leave to file an information in the nature of quo warranto rests in the court’s sound discretion, at least where requested hy a private suitor.</p> <p>4. The Supreme Court will, in the exercise of its discretion, refuse leave to file an information in the nature of quo warranto at the instance of a private person if an inferior court also has jurisdiction, so that it will not grant leave to file an information to try title to the office of Corporation Commissioner, but will leave relator to apply to the district court.</p>