Territory of New Mexico ex rel. Parker v. Mayor of Socorro

Citations

• 12 N.M. 177

Syllabus

<p>SYLLABUS.</p> <p>1. In the absence of any showing as to the particular law under which the city of Socorro is organized, while this court cannot take judicial notice of the fact that it was organized under the Act of February 11, 1880, (Prince’s Laws, 174), still this court may look to the terms of that act, if necessary, to support a judgment of mandamus against the city.</p> <p>2. Section 2529, Compiled Laws of 1897, limiting tax levies by cities to one per cent, for all purposes, applies only to cities organized under chapter 39, Laws of 1884.</p> <p>3. A writ of mandamus is properly directed to the mayor and city council, to compel a tax levy.</p> <p>4. Where the only denial of the validity of the bonds of the city of Socorro consists in asserting an erroneous conclusion, as to the legal requirements of an ordinance directing their issue and providing for a tax levy for their payment, and no fact is asserted against their validity, they need not be reduced to judgment before resort is had to mandamus to compel a tax levy to pay the same.</p> <p>5. It is no defense for the defendant city to show that relator owns only a portion of the bond issue. The other bondholders, if any, may, in a proper proceeding, assert their right to participate in the fruits of the mandamus.</p>