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STATE EX REL. GARCIA v. MARTINEZ

No. 8647.

459 P.2d 458 (1969)

80 N.M. 659

STATE ex rel. Eloy Garcia, Felix Sanchez and Sam Gonzales, Plaintiffs-Appellants, v. Marcelino MARTINEZ, John Valdez, George Wisehart, J.E. Rael, Max Ortega, Benny Ortega, Village of Questa, Taos County Board of County Commissioners, J.J. Montoya, Felipe Ortega and Paul Casias, Defendants-Appellees.

Supreme Court of New Mexico.

October 6, 1969.

Attorney(s) appearing for the Case

Lorenzo E. Tapia, Albuquerque, Watson & Watson, Neil C. Stillinger, Santa Fe, for plaintiffs-appellants.

Eliu E. Romero, Taos, Bachicha & Corlett, Santa Fe, for defendants-appellees.

OPINION

MOISE, Justice.

This is a quo warranto proceeding in which the validity of the incorporation of the Village of Questa is at issue. To dispose of this appeal we need consider only the question of whether the trial court ruled correctly on the issue of where the burden of proof lay, and on the legal effect of the findings of the board of county commissioners that all statutory requirements had been met.

Appellees resist consideration of the...

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