STATE v. HANNAH

No. 6239.

314 P.2d 714 (1957)

63 N.M. 110

The STATE of New Mexico on the Relation of Edwin L. MECHEM, Governor of the State of New Mexico and President of the State Board of Finance, Petitioner, v. J. D. HANNAH, State Auditor of New Mexico, and Joseph B. Grant, State Treasurer of New Mexico, Respondents.

Supreme Court of New Mexico.

Rehearing Denied September 11, 1957.


Attorney(s) appearing for the Case

Melvin T. Yost, Santa Fe, for petitioner.

Fred M. Standley, Atty. Gen., Santiago E. Campos, Asst. Atty. Gen., for respondents.


McGHEE, Justice.

The relator as Governor of New Mexico seeks a peremptory writ of mandamus to compel the respondents as State Auditor and Treasurer respectively to make available to the State Board of Finance $200,000 appropriated in section 1 of chapter 22 of the Session Laws of 1957, and approved Feb. 25, 1957. They had refused to make the money available following an opinion by the Attorney General that the law was probably unconstitutional.

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