STATE v. AXTELL

No. 7313.

393 P.2d 451 (1964)

74 N.M. 339

STATE of New Mexico ex rel. Joe CALLAWAY, State Treasurer, Plaintiff-Appellant, v. Jay M. AXTELL et al., Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied July 15, 1964.


Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Oliver E. Payne, F. Harlan Flint, Asst. Attys. Gen., Santa Fe, for appellant.

Seth, Montgomery, Federici & Andrews, Melvin T. Yost, Santa Fe, J.D. Weir, Las Cruces, for appellees.


CARMODY, Justice.

The state appeals from the action of the trial court in sustaining a motion to dismiss its complaint.

The basic question at issue is: May a gratuity, paid by the state but subsequently determined to have been granted unconstitutionally, be recovered back from the recipient?

For a proper understanding of the case, it is necessary to briefly discuss State ex rel. Mechem v. Hannah, 1957, 63 N.M. 110, ...

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