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MONTOYA v. BLACKHURST

No. 9453.

500 P.2d 176 (1972)

84 N.M. 91

Ernest P. MONTOYA, Petitioner-Appellee, v. Hon. Richard BLACKHURST et al., Respondents-Appellants.

Supreme Court of New Mexico.

August 4, 1972.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for appellants.

Peter C. Mallery, Charles T. DuMars, Albuquerque, for appellee.

OPINION

MONTOYA, Justice.

Petitioner-appellee Ernest P. Montoya, hereinafter referred to as "appellee," brought suit in the District Court of Bernalillo County asking for a writ of mandamus to order respondents-appellants Magistrates, hereinafter referred to as "appellants," to quash a writ of replevin issued in the Magistrate Court. The District Court issued an alternative writ of mandamus. Before a hearing was held on the alternative writ, appellee amended...

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