STATE v. QUESENBERRY

No. 7336.

390 P.2d 273 (1964)

74 N.M. 30

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellant, v. George R. QUESENBERRY, aka George R. Quesenberry, Trustee, et al., Defendants-Appellees.

Supreme Court of New Mexico.

March 9, 1964.


Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Hadley Kelsey, Joseph L. Droege, John C. Worden, Oliver G. Ricketson, Neil C. Stillinger, George D. Sheldon, E.E. Chavez, Richard T. Whitley, Sp. Asst. Attys. Gen., Santa Fe, for appellant.

Garland & Martin, E. Forrest Sanders, W.A. Sutherland, T.K. Campbell, Las Cruces, for appellees.


CARMODY, Justice.

This is an appeal by the state from the issuance of a peremptory writ of mandamus requiring payment of a stipulated judgment entered in a condemnation proceeding. There is no appeal from the judgment itself, and reference is made to the former opinion denying a motion to dismiss, which states the circumstances of the appeal. (See State ex rel. State Highway Commission v. Quesenberry, 1963, 72 N.M. 291,

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