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Home » US Law » 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.

ANNOTATIONS

Writ 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).