reglab/housing_qa huggingface dataset:
NM Stat § 44-3-12 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-12 - [Judgment for relator claiming office; provisions concerning compensation; separate action for damages.]

When the judgment is for the person so alleged to be entitled to the office, he may have included therein a money judgment against the defendant and the surety or sureties on his bond, if furnished as in Section 6 [44-3-6 NMSA 1978] provided, for all fees and emoluments collected by him during the term involved in such case with interest thereon at six percent per annum; and he may recover by separate action the damages which he shall have sustained by reason of the usurpation by the defendant of the office from which by virtue of said judgment said defendant has been excluded. History: Laws 1919, ch. 28, § 12; C.S. 1929, § 115-112; 1941 Comp., § 26-212; 1953 Comp., § 22-15-12. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto § 117.
NM Stat § 44-3-13 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-13 - [Joinder of defendants.]

When several persons claim to be entitled to the same office or franchise, or if they collectively claim to be entitled to exercise the franchise of a corporation created by the authority of this state, one action may be brought against all such persons in order to try their, and each of their, respective rights to such office or franchise. History: Laws 1919, ch. 28, § 13; C.S. 1929, § 115-113; 1941 Comp., § 26-213; 1953 Comp., § 22-15-13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto § 83. 74 C.J.S. Quo Warranto § 32.
NM Stat § 44-3-14 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-14 - [Judgment finding defendant guilty of usurpation of office; provisions concerning exclusion and costs.]

When a defendant against whom such action shall have been brought shall be adjudged guilty of usurping or intruding into or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that such defendant be excluded from such office, franchise or privilege, and that the plaintiff recover costs against such defendant. History: Laws 1919, ch. 28, § 14; C.S. 1929, § 115-114; 1941 Comp., § 26-214; 1953 Comp., § 22-15-14. ANNOTATIONSCross references. — For costs generally, see 44-3-11 NMSA 1978. Quo warranto is not proper remedy to test alleged misconduct of a corporate officer as grounds for removal. White v. Clevenger, 1962-NMSC-144, 71 N.M. 80, 376 P.2d 31. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 116 to 118. 74 C.J.S. Quo Warranto §§ 49, 50, 52.
NM Stat § 44-3-15 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-15 - [Election contest statutes unaffected.]

This act [44-3-1 to 44-3-16 NMSA 1978] shall not be construed to in any way affect the provisions of the statutes now in force in relation to election contests. History: Laws 1919, ch. 28, § 15; C.S. 1929, § 115-115; 1941 Comp., § 26-215; 1953 Comp., § 22-15-15. ANNOTATIONSCompiler's notes. — Provisions for election contests, when this section was enacted, were codified as 2066 to 2080, 1915 Code. These provisions were subsequently repealed by Laws 1927, ch. 41, § 722 (the 1927 Election Code which has subsequently been repealed). For present provisions as to contest, see 1-14-1 to 1-14-21 NMSA 1978. Quo warranto is not cumulative remedy or one in addition to any special statutory remedy for contesting elections contained in the Election Code. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005. Section superseded by former Election Code. — Provisions relating to contest of elections in 1927 Election Code enacted after this section sets up an exclusive remedy and supersedes the remedy by statutory quo warranto. State ex rel. Abercrombie v. Dist. Court, 1933-NMSC-057, 37 N.M. 407, 24 P.2d 265. Statutory remedy for contesting elections to public office is exclusive, and has superseded quo warranto. Orchard v. Board of Comm'rs, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41 (decided under former election laws). If other election provision applies, quo warranto is not available. — Quo warranto is no longer available to an unsuccessful candidate if the contest procedure established by the Election Code applies to the public office in question. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005 (decided under former Election Code). Writ lies if no other statutory provision exists. — Quo warranto was a proper action to bring since there was no provision in the Election Code or other related statutes providing for contests for municipal school board elections. State v. Rodriguez, 1958-NMSC-136, 65 N.M. 80, 332 P.2d 1005 (decided under former Election Code).
NM Stat § 44-3-16 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 3 - Quo Warranto|Section 44-3-16 - [Speedy hearing on appeal.]

In case of an appeal the supreme court shall advance the case on the docket of said court so as to obtain the most speedy hearing possible. History: Laws 1919, ch. 28, § 16; C.S. 1929, § 115-116; 1941 Comp., § 26-216; 1953 Comp., § 22-15-16. ANNOTATIONSCross references. — For appeals generally, see Rules 12-201 to 12-216 NMRA. Section presupposes a right to appeal. — Although this article (Sections 44-3-1 to 44-3-16 NMSA 1978) does not provide for an appeal, it presupposes an appeal under this section. State ex rel. Besse v. Dist. 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 § 124. Determination of issues of fact involved in original quo warranto proceedings in appellate court, 98 A.L.R. 237. 74 C.J.S. Quo Warranto § 51.
NM Stat § 44-4-1 to 44-4-5 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 4 - Actions Against Receivers (Repealed.)|Section 44-4-1 to 44-4-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 81, § 11 repealed 44-4-1 to 44-4-5 NMSA 1978, as enacted by Laws 1917, ch. 72, §§ 1 through 5, relating to actions against receivers, effective June 16, 1995. For provisions of former sections, see the 1994 NMSA 1978 on NMOneSource.com. For present provisions relating to receivers, see Chapter 44, Article 8 NMSA 1978.
NM Stat § 44-5-2 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-2 - [Contents of complaint.]

In such action it shall be sufficient for the plaintiff to declare generally as in actions for debt for money had and received for the plaintiff's use, or as in actions of trover or detinue for a supposed finding and the detaining or converting the property of the plaintiff to the use of the defendant whereby an action hath accrued to the plaintiff. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 2; C.L. 1884, § 2291; C.L. 1897, § 3200; Code 1915, § 2508; C.S. 1929, § 58-102; 1941 Comp., § 25-1002; 1953 Comp., § 22-10-2. ANNOTATIONSCross references. — For the contents of a claim for relief, see Rule 1-008A NMRA. Action is against party receiving thing wagered. — These provisions give a right of action not against the party theoretically winning the wager, but against one to whom the amount or thing wagered has been delivered. Armstrong v. Aragon, 1905-NMSC-003, 13 N.M. 19, 79 P. 291. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling § 257. 38 C.J.S. Gaming § 62.
NM Stat § 44-5-3 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-3 - Action maintainable by spouse, children, heirs, executors, administrators and creditors or [of] loser.

The spouse, children, heirs, executors, administrators and creditors of the person losing may have the same remedy against the winner as provided in Sections 44-5-1 and 44-5-2 NMSA 1978. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 3; C.L. 1884, § 2292; C.L. 1897, § 3201; Code 1915, § 2509; C.S. 1929, § 58-103; 1941 Comp., § 25-1003; 1953 Comp., § 22-10-3; Laws 1973, ch. 59, § 1. ANNOTATIONSLaw reviews. — For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968). Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 226, 228. Assignment of, or succession to, statutory right of action for recovery of money lost at gambling, 18 A.L.R.2d 999. 38 C.J.S. Gaming § 48.
NM Stat § 44-5-5 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-5 - [Defense in action by assignee.]

The assignment of any bond, bill, note, judgment, conveyance or other security, shall not affect the defense of the person executing the same. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 5; C.L. 1884, § 2294; C.L. 1897, § 3203; Code 1915, § 2511; C.S. 1929, § 58-105; 1941 Comp., § 25-1005; 1953 Comp., § 22-10-5. ANNOTATIONSCross references. — For the rights of a transferee of a negotiable instrument, see 55-3-203 NMSA 1978. For the rights of a holder in due course, see 55-3-301 NMSA 1978 et seq. For the rights of one not a holder in due course, see 55-3-306 NMSA 1978. Party knowingly loaning money for gambling cannot recover by suit. Appleton v. Maxwell, 1901-NMSC-009, 10 N.M. 748, 65 P. 58. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 208 to 210.
NM Stat § 44-5-6 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-6 - [Loss by minor, servant or apprentice in grocery, store or dramshop; proprietor liable; who may sue.]

If any minor, servant or apprentice shall lose any money or property in any grocery, store or dramshop by betting at cards, or any other gambling device, or by any other bet, wager or hazard whatever, the father, mother, relations or guardian of such minor, or the master of such apprentice or servant may sue for and recover from the keeper of such grocery, store or dramshop, such money or property or the value thereof, so lost by such minor, apprentice or servant. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 6; C.L. 1884, § 2295; C.L. 1897, § 3204; Code 1915, § 2512; C.S. 1929, § 58-106; 1941 Comp., § 25-1006; 1953 Comp., § 22-10-6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling § 234.
NM Stat § 44-5-7 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-7 - [How defenses under this article may be asserted.]

Any matter of defense, under this chapter [44-5-1 to 44-5-14 NMSA 1978], may be specially pleaded, or given in evidence, under the general issue. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 7; C.L. 1884, § 2296; C.L. 1897, § 3205; Code 1915, § 2513; C.S. 1929, § 58-107; 1941 Comp., § 25-1007; 1953 Comp., § 22-10-7. ANNOTATIONSCompiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 257, 258. 38 C.J.S. Gaming § 63.
NM Stat § 44-5-8 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-8 - [Suit before magistrate; interrogatories to defendant.]

In all suits, under this chapter [44-5-1 to 44-5-14 NMSA 1978], before a justice of the peace [magistrate], the plaintiff may call in the defendant to answer, on oath, any interrogatory touching the case, and if the defendant refuse to answer, the same shall be taken as confessed. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 8; C.L. 1884, § 2297; C.L. 1897, § 3206; Code 1915, § 2514; C.S. 1929, § 58-108; 1941 Comp., § 25-1008; 1953 Comp., § 22-10-8. ANNOTATIONSCompiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code. Laws 1968, ch. 62, § 40, abolishes the office of justice of the peace and provides that whenever the term "justice of the peace" occurs in the laws it shall be construed to refer to the magistrate court. See 35-1-38 NMSA 1978.
NM Stat § 44-5-9 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-9 - [Answer to interrogatories not evidence in criminal prosecution.]

Such answer shall not be admitted against such person as evidence in any criminal proceeding. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 9; C.L. 1884, § 2298; C.L. 1897, § 3207; Code 1915, § 2515; C.S. 1929, § 58-109; 1941 Comp., § 25-1009; 1953 Comp., § 22-10-9.
NM Stat § 44-5-10 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-10 - [Election bets included.]

Bets and wagers on an election authorized by the constitution and laws of the United States, or by the laws of this state, are gaming within the meaning of this chapter [44-5-1 to 44-5-14 NMSA 1978]. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 10; C.L. 1884, § 2299; C.L. 1897, § 3208; Code 1915, § 2516; C.S. 1929, § 58-110; 1941 Comp., § 25-1010; 1953 Comp., § 22-10-10. ANNOTATIONSCompiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code. Section applied to sheriff's election at general election. — This section applied to a bet or wager upon the result of the election of sheriff at a general election. Armstrong v. Aragon, 1905-NMSC-003, 13 N.M. 19, 79 P. 291. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 C.J.S. Gaming § 89.
NM Stat § 44-5-11 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-11 - [Stakeholder's liability; demand required.]

Every stakeholder who shall knowingly receive any money or property, staked upon any betting, declared gaming by the provisions of this chapter [44-5-1 to 44-5-14 NMSA 1978], shall be liable to the party who placed such money or property in his hands, both before and after the determination of such bet, and the delivery of the money or property to the winner shall be no defense to an action brought by the loser for the recovery thereof: provided, that no stakeholder shall be liable afterwards, unless a demand has been made upon such stakeholder for the money or property in his possession previous to the expiration of the time agreed upon by the parties for the determination of such bet or wager. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 11; C.L. 1884, § 2300; C.L. 1897, § 3209; Code 1915, § 2517; C.S. 1929, § 58-111; 1941 Comp., § 25-1011; 1953 Comp., § 22-10-11. ANNOTATIONSCompiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code. Public policy against gambling overrides rule preventing unjust enrichment. — The public policy of New Mexico is to restrain and discourage gambling and must override the rule which prevents unjust enrichment, particularly where there is a choice between that which is considered to be for the benefit of the public at large as distinguished from any benefit to an individual litigant. Schnoor v. Griffin, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922. Action cannot be maintained on contract that is illegal or against public policy, where both parties are equally culpable. Schnoor v. Griffin, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922. This section makes stakeholder liable for money placed in his hands "staked upon any betting." Where defendant was not a stakeholder - but a party to an illegal act - law will leave the parties where it found them. Schnoor v. Griffin, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 247, 248 to 250. Recovery of money or property entrusted to another for illegal purpose, but not so used, 8 A.L.R.2d 307. 38 C.J.S. Gaming § 49.
NM Stat § 44-5-12 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-12 - [Garnishment against winner in action by creditor against loser.]

Any creditor to any person losing by any game at cards or any other gambling device, in addition to the remedy provided by the above sections of this chapter [44-5-1 to 44-5-14 NMSA 1978], shall have the right to garnishee the winner in any proceeding by attachment or execution, and the same proceeding shall be had thereon as if such winner were a debtor of the party losing to the amount of money, property, rights or credits, that may appear to have been so won by said winner from the party losing. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 12; C.L. 1884, § 2301; C.L. 1897, § 3210; Code 1915, § 2518; C.S. 1929, § 58-112; 1941 Comp., § 25-1012; 1953 Comp., § 22-10-12. ANNOTATIONSCross references. — For procedures in garnishment proceedings, see 35-12-1 to 35-12-19 NMSA 1978. Compiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code. Law reviews. — For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
NM Stat § 44-5-13 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-13 - [Time for commencing action.]

Any action for money or property brought under this chapter [44-5-1 to 44-5-14 NMSA 1978], shall be commenced within one year from the time such action accrued, and not afterwards. History: Laws 1856-1857, p. 38; C.L. 1865, ch. 36, § 13; C.L. 1884, § 2302; C.L. 1897, § 3211; Code 1915, § 2519; C.S. 1929, § 58-113; 1941 Comp., § 25-1013; 1953 Comp., § 22-10-13. ANNOTATIONSCompiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code. Losses over one-year old cannot be set-off. — In a suit brought to recover money lost at gambling within one year prior to the bringing of such action, moneys won at gambling by the plaintiff from the defendant more than one year prior to the commencement of action by the plaintiff to recover his losses cannot be pleaded as a set-off or counterclaim to the original cause of action. Mann v. Gordon, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043. Loss occurs at time game played, not when money paid. — Where, in action to recover money lost at gaming device, it was in evidence that the plaintiff did not settle the loss at the time of the play, but about six weeks later he gave a check which defendant cashed, the loss occurred at the time the game was played, and not when the check was given or the money paid. Mann v. Gordon, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043. Objection to counterclaim barred by limitations sustained. — An objection to a counterclaim which pleaded a cause of action under the gaming statutes barred by the statutes of limitation was properly sustained. Mann v. Gordon, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043. Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 238 to 243. Action to recover money or property lost and paid through gambling as affected by statute of limitations, 22 A.L.R.2d 1390. 38 C.J.S. Gaming § 60.
NM Stat § 44-5-14 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 5 - Gambling Debts and Losses|Section 44-5-14 - Action for recovery; immunity.

All persons who shall claim money or property lost at gaming, or when said money or property may be claimed by his spouse, child, relation or friend, said person, although he may have gambled, is hereby exempted from the punishment imposed by the laws prohibiting and restraining gaming. History: Laws 1856-1857, p. 38; C.L. 1865, ch. 36, § 14; C.L. 1884, § 2303; C.L. 1897, § 3212; Code 1915, § 2520; C.S. 1929, § 58-114; 1941 Comp., § 25-1014; 1953 Comp., § 22-10-14; Laws 1973, ch. 59, § 2. ANNOTATIONSSpecific gambling penalty did not impliedly repeal this section. — Laws 1921, ch. 86 (since repealed) did not repeal by implication the exemption provision (this section) when it imposed a specific penalty for gambling. State v. Schwartz, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418. This statute (44-5-1 to 44-5-14 NMSA 1978) was designed to discourage gambling by depriving the person winning any of the things therein enumerated of any title thereto, and by providing the right to recover same. State v. Schwartz, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418. After gambling prosecution, person may not invoke these provisions. — The statute (44-5-1 to 44-5-14 NMSA 1978) imposes a duty upon one invoking it. It requires him to come forward, disclose and make known the criminal act by the filing of a civil action for recovery of his losses. He may not delay such disclosure until such time as he is charged with the offense and then reap the benefits of the statute. State v. Schwartz, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418. Law reviews. — For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
NM Stat § 44-6-1 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-1 - Short title.

This act [44-6-1 to 44-6-15 NMSA 1978] may be cited as the "Declaratory Judgment Act." History: 1953 Comp., § 22-6-4, enacted by Laws 1975, ch. 340, § 1. ANNOTATIONSCross references. — For procedure with respect to declaratory judgment, see Rule 1-057 NMRA. Law reviews. — For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L. Rev. 367 (1976). For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985).
NM Stat § 44-6-3 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-3 - Definition.

As used in the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], "person" means any person, partnership, joint stock company, unincorporated association or society or municipal or other corporation of any character whatsoever. History: 1953 Comp., § 22-6-6, enacted by Laws 1975, ch. 340, § 3.