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STATE EX REL. BUREAU OF REVENUE v. MacPHERSON

No. 8651.

442 P.2d 584 (1968)

79 N.M. 272

STATE of New Mexico ex rel. BUREAU OF REVENUE; F. A. Vigil, Commissioner of Revenue; and George Case, Manager, District II, Bureau of Revenue, Petitioners, v. Honorable D. A. MacPHERSON, Jr., Respondent.

Supreme Court of New Mexico.

June 17, 1968.

Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Edward R. Pearson, Gary O'Dowd, Asst. Attys. Gen., Santa Fe, for petitioners.

Joseph H. Mercer, William H. Carpenter, Albuquerque, for respondent.

OPINION

COMPTON, Justice.

The decisive question presented is whether venue in actions against state officers as such is limited to Santa Fe County. Section 21-5-1, N.M.S.A. 1953 (1967 P.S.), provides in part:

"All civil actions commenced in the district courts shall be brought and shall be commenced in counties as follows, and not otherwise: * * * * * * "G. Suits against any state officers as such shall be brought in the court...

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