State ex rel. Stephens v. State Corp. Commission

Citations

• 25 N.M. 32
• 176 P. 866

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The refusal of the State Corporation Commission to di'aw a voucher for the salary of an employe of the Commission entitles him to resort to the remedy of mandamus, as the ordinary course of law does not afford a plain, speedy, and adequate remedy. P. 37</p> <p>2. Where a legislative appropriation of money is made for contingent expenses of the State Corporation Commission, out of which fund the salary of an assistant rate clerk is properly payable, and suit is filed in mandamus to compel the issuance to such clerk of a salary voucher, and after service on such Commission of the alternative writ such Commission purchases postage stamps for use during the next ensuing fiscal year, and thus expends all the money remaining in such fund, the trial court properly required the issuance of a voucher payable out of the contingent expense fund for the next fiscal year to the extent that such fund was benefited by the use of funds of the previous year out of which such payment should have been made. P. 39</p> <p>3. Public officers are liable in costs for any duty they are required by law to perform. P. 44</p>