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.
ANNOTATIONS
Answer 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.