reglab/housing_qa huggingface dataset:
NM Stat § 44-1-35 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-35 - [Time allowed for making return and producing prisoner.]

If the writ is returnable at a certain day, such return shall be made, and such prisoner produced at the time and place specified therein; if he is returnable forthwith, and the place is within twenty miles of the place of service, such return shall be made and such prisoner produced within twenty-four hours, and the like time shall be allowed for every additional twenty miles. History: Laws 1884, ch. 1, § 34; C.L. 1884, § 2045; C.L. 1897, § 2815; Code 1915, § 2623; C.S. 1929, § 63-135; 1941 Comp., § 25-1135; 1953 Comp., § 22-11-35. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 136. 39A C.J.S. Habeas Corpus § 180.
NM Stat § 44-1-36 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-36 - [Compelling attendance of prisoner for trial or as witness.]

Nothing contained in this chapter shall be construed to restrain the power of any court to issue a writ of habeas corpus when necessary to bring before them any prisoner for trial, in any criminal case lawfully pending in the same court, or to bring any prisoner to be examined as a witness in any action or proceeding, civil or criminal, pending in such court, when they think the personal attendance and examination of the witness necessary for the attainment of justice. History: Laws 1884, ch. 1, § 35; C.L. 1884, § 2046; C.L. 1897, § 2816; Code 1915, § 2624; C.S. 1929, § 63-136; 1941 Comp., § 25-1136; 1953 Comp., § 22-11-36. ANNOTATIONSMeaning of "this chapter". — The term "this chapter" appeared in the original act, which was divided into three unnumbered divisions, to-wit: habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; prohibition, §§ 51 to 56; and apparently referred to §§ 1 to 36, the operative provisions of which are compiled as 44-1-1 to 44-1-22, 44-1-25 to 44-1-37 NMSA 1978. Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
NM Stat § 44-1-37 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-37 - [Sheriff's fees for producing prisoner.]

The sheriff or person who shall be required to bring up a person on habeas corpus, if the person be held by virtue of any legal process directed to such person as an officer, shall be entitled to the same fees and allowances as are allowed to sheriffs for removing prisoners in other cases. History: Laws 1884, ch. 1, § 36; C.L. 1884, § 2047; C.L. 1897, § 2817; Code 1915, § 2625; C.S. 1929, § 63-137; 1941 Comp., § 25-1137; 1953 Comp., § 22-11-37. ANNOTATIONSCross references. — For county officers not receiving, for their own use, fees in addition to salary, see N.M. Const., art. X, § 1 and 4-44-21 NMSA 1978. For the tender of fees to person having custody, see 44-1-32 NMSA 1978. For sheriff's expenses generally, see 4-41-18, 4-41-19, 4-44-18 NMSA 1978.
NM Stat § 44-1-38 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 1 - Habeas Corpus|Section 44-1-38 - [Federal court proceedings; payment of costs, fees and expenses by state penitentiary.]

If the petition for the writ is filed in any federal court, all the reasonably necessary costs, fees and expenses incurred or paid by the respondent shall be paid by the penitentiary of New Mexico. The budget of the penitentiary shall include an item for the anticipated expenses of habeas corpus proceedings. If budgeted funds shall not be sufficient to pay the costs and expenses that will arise, an emergency allowance from the state court fund shall be allowed upon application of the warden of the penitentiary to the state board of finance. History: 1953 Comp., § 22-11-41, enacted by Laws 1963, ch. 178, § 4. ANNOTATIONSLaw reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
NM Stat § 44-2-1 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 2 - Mandamus|Section 44-2-1 - [Regulation of mandamus.]

The writ of mandamus is regulated as in this chapter prescribed. History: Laws 1884, ch. 1, § 37; C.L. 1884, § 1992; C.L. 1897, § 2760; Code 1915, § 3411; C.S. 1929, § 86-101; 1941 Comp., § 26-101; 1953 Comp., § 22-12-1. ANNOTATIONSMeaning of "this chapter". — The original act, Laws 1884, ch. 1, was divided into three unnumbered divisions, habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; and prohibition, §§ 51 to 56. The term "this chapter" appeared in the original act and apparently referred to the division containing §§ 37 to 50, presently compiled as 44-2-1 to 44-2-13 NMSA 1978. Section limits and defines court's mandamus power. — Under and by virtue of this section, the power of the court in a mandamus proceeding is limited and defined. Board of Comm'rs v. Dist. Court, 1924-NMSC-009, 29 N.M. 244, 223 P. 516. Denomination of pleading irrelevant since allegations and relief determine nature. — It matters not what the pleading initiating the proceeding may be denominated. If in truth is discloses by its allegations and the relief sought that it is an action in mandamus, it will be so treated. Laumback v. Board of Cnty. Comm'rs, 1955-NMSC-096, 60 N.M. 226, 290 P.2d 1067. Formal defects in petition for writ waived. — Because the motor vehicle division appeared generally in the case and subsequently did not answer or appear at any hearing, the division waived any formal defects in the petition for writ of mandamus. Barreras v. N.M. Motor Vehicle Div., 2005-NMCA-055, 137 N.M. 435, 112 P.3d 296. Law reviews. — For article, "Mandamus in New Mexico," see 4 N.M. L. Rev. 155 (1974). For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M. L. Rev. 249 (1976). For note, "Mandamus Proceedings Against Public Officials: State of New Mexico ex rel. Bird v. Apodaca," see 9 N.M.L. Rev. 195 (1978-79). For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M.L. Rev. 1 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Mandamus § 1 et seq. Allowance of attorney's fees in mandamus proceedings, 34 A.L.R.4th 457. 55 C.J.S. Mandamus § 1 et seq.
NM Stat § 44-2-2 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 2 - Mandamus|Section 44-2-2 - [District courts open at all times for issuance of writs.]

For the purpose of hearing application for, and issuing writs of mandamus, the district courts shall be regarded as open at all times, wherever the judge of such court may be within the state. History: Laws 1884, ch. 1, § 50; C.L. 1884, § 2005; C.L. 1897, § 2774; Code 1915, § 3412; C.S. 1929, § 86-102; 1941 Comp., § 26-102; 1953 Comp., § 22-12-2. ANNOTATIONSWrit may issue in vacation. — A judge of a district court may issue a peremptory writ of mandamus in vacation. Delgado v. Chavez, 1891-NMSC-012, 5 N.M. 646, 25 P. 948, aff'd, 140 U.S. 586, 11 S. Ct. 874, 35 L. Ed. 578 (1891).
NM Stat § 44-2-8 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 2 - Mandamus|Section 44-2-8 - [Allowance of writ; return day; service.]

The court or judge, by an indorsement on the writ, shall allow the same, designate the return day thereof and direct the manner of service. History: Laws 1884, ch. 1, § 42; C.L. 1884, § 1997; C.L. 1897, § 2765; Code 1915, § 3417; C.S. 1929, § 86-107; 1941 Comp., § 26-108; 1953 Comp., § 22-12-8. ANNOTATIONSLaw reviews. — For article, "Mandamus in New Mexico," see 4 N.M. L. Rev. 155 (1974). Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Mandamus §§ 411, 428, 480. 55 C.J.S. Mandamus §§ 319, 321, 350, 351.
NM Stat § 44-2-9 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 2 - Mandamus|Section 44-2-9 - [Answer to writ.]

On the return day of the alternative writ, or such further day as the court allows, the party on whom the writ is served may show cause by answer, made in the same manner as an answer to a complaint in civil action. History: Laws 1884, ch. 1, § 43; C.L. 1884, § 1998; C.L. 1897, § 2766; Code 1915, § 3418; C.S. 1929, § 86-108; 1941 Comp., § 26-109; 1953 Comp., § 22-12-9. ANNOTATIONSCross references. — For answers generally, see Rules 1-008 and 1-012 NMRA. Where answer requests court to invoke judgment respondent submits to court. — In a mandamus proceeding to compel board of county commissioners to canvass election returns of a certain precinct where respondents requested the court to inspect the evidence offered with their answer, and bring into court all the returns, certificates, poll books and ballot box, and invoke its judgment as to the legal sufficiency to justify the action of the board, such action on their part is a submission to the court, and they cannot insist on a jury trial nor will they be heard to object that there is no evidence, upon the issue of facts raised by their answer, to support the judgment of the court below in awarding a peremptory writ. Territory ex rel. Lewis v. Board of County Comm'rs, 1888-NMSC-015, 5 N.M. (Gild., E.W.S. ed.) 1, 16 P. 855. Time to answer may be extended and amendments allowed. — While office of mandamus is to afford a speedy remedy and to avoid delay, this does not mean that the court is without power to extend the time within which a respondent may answer, or that the answer may not be amended, and leave to amend should be freely given when justice demands. State ex rel. Fitzhugh v. City Council of Hot Springs, 1952-NMSC-022, 56 N.M. 118, 241 P.2d 100. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Mandamus §§ 432 to 437. Absence of appropriation or funds as defense to mandamus to compel payment of salary of public officer or employee, 5 A.L.R. 579. Unconstitutionality of statute as defense to mandamus proceeding, 30 A.L.R. 378, 129 A.L.R. 941. 55 C.J.S. Mandamus §§ 272 to 274.
NM Stat § 44-2-10 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 2 - Mandamus|Section 44-2-10 - [Peremptory mandamus on failure to answer; procedure after answer.]

If no answer is made a peremptory mandamus shall be allowed against the defendant; if an answer is made containing new matter, the plaintiff may, on the trial or other proceedings, avail himself of any valid objection to its sufficiency, or may countervail it by evidence either in direct denial or by way of avoidance. History: Laws 1884, ch. 1, § 44; C.L. 1884, § 1999; C.L. 1897, § 2767; Code 1915, § 3419; C.S. 1929, § 86-109; 1941 Comp., § 26-110; 1953 Comp., § 22-12-10. ANNOTATIONSAnswer may assign legal reasons for defense and plead facts. — The answer to an alternative writ of mandamus under our statutes may assign any legal reasons upon which respondent relies to defeat the writ, as well as plead the facts on which he relies. State ex rel. Garcia v. Board of Comm'rs, 1916-NMSC-030, 21 N.M. 632, 157 P. 656. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Mandamus §§ 441, 442. 55 C.J.S. Mandamus §§ 282 to 284.
NM Stat § 44-2-13 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 2 - Mandamus|Section 44-2-13 - [Officer or board refusing to perform duty; fine; other action for penalty barred.]

Whenever a peremptory mandamus is directed to a public officer, body or board, commanding the performance of any public duty specially enjoined by law, if it appears to the court that such officer or any member of such body or board, without just excuse, refuses or neglects to perform the duty so enjoined, the court may impose a fine not exceeding two hundred and fifty dollars [($250)] upon every such officer or member of such body or board; such fine, when collected, shall be paid into the state treasury, and the payment of such fine is a bar to an action for any penalty incurred by such officer or member of such body or board, by reason of his refusal or neglect to perform the duty so enjoined. History: Laws 1884, ch. 1, § 47; C.L. 1884, § 2002; C.L. 1897, § 2770; Code 1915, § 3422; C.S. 1929, § 86-112; 1941 Comp., § 26-113; 1953 Comp., § 22-12-13. ANNOTATIONSThis section does not exclude power of court to punish for disobedience of the writ, or to compel obedience to the writ by imprisonment until compliance. Delgado v. Chavez, 1891-NMSC-012, 5 N.M. 646, 25 P. 948, aff'd, 140 U.S. 586, 11 S. Ct. 874, 35 L. Ed. 578 (1891). Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Mandamus § 482. Contempt for disobedience of mandamus, 30 A.L.R. 148. 55 C.J.S. Mandamus §§ 359, 360.
NM Stat § 44-3-2 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-2 - [Trial; time; use of jury permissive.]

Actions of quo warranto shall be set down and summarily tried as soon as the issues are made up and the court shall have power, if he deems proper, to summon a jury for the purpose and prescribe the manner of summoning the same. History: Laws 1919, ch. 28, § 2; C.S. 1929, § 115-102; 1941 Comp., § 26-202; 1953 Comp., § 22-15-2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 108 to 111. 74 C.J.S. Quo Warranto §§ 44, 46.
NM Stat § 44-3-3 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-3 - [Name of private relator to be shown.]

When an action shall be brought by the attorney general or district attorney by virtue of this chapter [44-3-1 to 44-3-16 NMSA 1978], on the relation or information of a person or persons, having an interest in the question, the name of such person shall be joined with the state as relator. History: Laws 1919, ch. 28, § 3; C.S. 1929, § 115-103; 1941 Comp., § 26-203; 1953 Comp., § 22-15-3. ANNOTATIONSProceedings must be brought in name of state. — Quo warranto proceedings to contest a state office must be brought in the name of the state. State ex rel. Hannett v. District Court, 1925-NMSC-004, 30 N.M. 300, 233 P.2d 1002. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 61, 62, 64. Right of corporation to act as relator in information in the nature of quo warranto, 1 A.L.R. 197. 74 C.J.S. Quo Warranto §§ 25, 27.
NM Stat § 44-3-5 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-5 - [Cost bond to be posted by private relator.]

Before any writ shall issue in an action brought upon the complaint or information of a private relator under the provisions of this act [44-3-1 to 44-3-16 NMSA 1978], such private person shall file with the clerk of the court issuing such writ a cost bond in an amount to be fixed by the court, executed and acknowledged as required by law in the case of supersedeas bonds on appeal, to be approved by the clerk of said court, conditioned as now required by law in the case of cost bonds in the district court. History: Laws 1919, ch. 28, § 5; C.S. 1929, § 115-105; 1941 Comp., § 26-205; 1953 Comp., § 22-15-5. ANNOTATIONSFailure to give cost bond will not defeat jurisdiction where the defendant has made a general appearance. State ex rel. Besse v. District Court, 1925-NMSC-025, 31 N.M. 82, 239 P. 452. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto § 59. 74 C.J.S. Quo Warranto § 17.
NM Stat § 44-3-7 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-7 - [Right to elective office; allegations concerning election.]

In all actions brought to determine the right to any office it shall be necessary for the plaintiff or relator whenever the defendant is in possession of the office in controversy under a certificate of election issued by the proper officer or board of canvassers, to state in his complaint in what respect such certificate was improperly or illegally issued; and in case it is claimed that the relator received a majority of legal votes cast for the office at any legal election to fill such office he shall also state in such complaint the number of legal votes cast, as far as he may be able so to do, for the relator and for the defendant for such office respectively, and also the number of votes cast for the relator and for the defendant respectively for such office, as determined by the legal canvass of such election. History: Laws 1919, ch. 28, § 7; C.S. 1929, § 115-107; 1941 Comp., § 26-207; 1953 Comp., § 22-15-7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto § 89. Admissibility of election ballots in quo warranto proceedings, 71 A.L.R.2d 353.
NM Stat § 44-3-8 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-8 - [Time of hearing demurrer, amending complaint, filing answer and trial; application for continuance.]

If a demurrer to the complaint in such actions be filed by the defendant the same shall be heard and determined within six days from the date of service of a copy upon counsel for the plaintiff and relator, and if the demurrer is sustained, plaintiff and relator will be given not to exceed five days to amend the complaint, and if it is overruled then the defendant shall have a like time to file the answer, provided that upon good cause shown the court may extend the time of either party, but in no event shall the time be extended to either party more than four days. The issue as finally made shall stand for trial forthwith; and no continuance of any such cause shall be granted upon the application of either party unless he shall show the absence of a witness or other testimony and they shall be deemed material by the court. The plaintiff or relator may traverse or offer counter evidence to the facts set forth in such application for continuance. History: Laws 1919, ch. 28, § 8; C.S. 1929, § 115-108; 1941 Comp., § 26-208; 1953 Comp., § 22-15-8. ANNOTATIONSCross references. — For the abolition of demurrers except in special statutory proceedings where the existing rules conflict, see Rules 1-001 and 1-007C NMRA. Erroneous for court overruling demurrer to render final judgment. — It is a fundamental rule of law that it is ordinarily erroneous for a court on overruling a demurrer (now a motion) to render final judgment. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005. No provisions for demurrer to amended complaint which is sustained. — This statute makes no provisions for a case where the amended complaint has been filed, followed by a second demurrer (now a motion) which is sustained and an appeal taken to the supreme court. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005. If second demurrer overruled on appeal, time to answer given. — Where an amended complaint was filed in quo warranto action, and second demurrer (now a motion) thereto was sustained, and, on appeal to supreme court, the demurrer (now a motion) was, in effect, overruled, defendants should be granted statutory time within which to answer. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 95, 98. 74 C.J.S. Quo Warranto §§ 40, 41.
NM Stat § 44-3-9 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-9 - [Judgment; nature; expiration of term of office before rendition.]

In every case such judgment shall be rendered upon the right of the defendant and also upon the right of the party alleged to be entitled, or only upon the right of the defendant, as justice may require. When the action shall not be terminated during the term of the office in controversy it may notwithstanding be prosecuted to completion and judgment rendered, which shall determine the right which any party had to the office, and to the fees and emoluments thereof. History: Laws 1919, ch. 28, § 9; C.S. 1929, § 115-109; 1941 Comp., § 26-209; 1953 Comp., § 22-15-9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto § 112. 74 C.J.S. Quo Warranto § 48.
NM Stat § 44-3-10 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-10 - [Judgment for relator claiming office; provisions for changing possession; enforcement; punishment for contempt.]

If the judgment be rendered in favor of the person so alleged to be entitled to the office, it shall provide that upon his qualification as required by law, he shall immediately thereafter demand of the defendant in the action all the books and papers and insignia of the office in his custody and control and that the defendant shall immediately comply therewith by turning over to him all of said books, papers and insignia of the office. If the defendant fails or in any wise [way] refuses to comply with said demand, the plaintiff or relator shall have an order of the court in said proceeding citing the defendant as for contempt and directing him to show cause why he should not be punished therefor and, if upon the hearing it be shown that the defendant was guilty of disobeying such order, the court shall impose a fine of not less than one hundred ($100.00) dollars, and not more than one thousand ($1,000.00) dollars, or not less than thirty (30) days nor more than ninety (90) days in the county jail, or both such fine and imprisonment within the limits stated. In addition the court may direct the further imprisonment of the party in contempt until he complies with the order of the court. In addition to the foregoing such proceedings may be had as are provided for by law to compel the delivery of such papers, books and insignia of office. History: Laws 1919, ch. 28, § 10; C.S. 1929, § 115-110; 1941 Comp., § 26-210; 1953 Comp., § 22-15-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For contempt proceedings, see 34-1-2 to 34-1-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 114, 116, 120. 74 C.J.S. Quo Warranto §§ 48 to 50.
NM Stat § 44-3-11 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-11 - [Costs.]

The prevailing party in such proceedings may recover his costs from his opponent, provided that no costs shall be taxable against the state nor the attorney general when acting as relator, but such costs shall be taxable against and recovered from a private relator whenever the judgment is for the defendant. History: Laws 1919, ch. 28, § 11; C.S. 1929, § 115-111; 1941 Comp., § 26-211; 1953 Comp., § 22-15-11. ANNOTATIONSCross references. — For provision concerning costs in judgment finding defendant guilty of usurpation of office, see 44-3-14 NMSA 1978. This section rather than civil rule governs costs. — In an action in quo warranto, the taxation of costs, other than the receivership costs, is governed by this section (costs in quo warranto proceedings) rather than by Rule 54(d), N.M.R. Civ. P. (now Rule 1-054D NMRA). White v. Clevenger, 1962-NMSC-144, 71 N.M. 80, 376 P.2d 31. This section exempts the state and attorney general from costs. State ex rel. Hannett v. District Court, 1925-NMSC-004, 30 N.M. 300, 233 P. 1002. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 118, 131. 74 C.J.S. Quo Warranto § 52.