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LACY v. SILVA

No. 826.

499 P.2d 361 (1972)

84 N.M. 43

B.D. LACY, Plaintiff-Appellant, v. Jose L. SILVA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied June 9, 1972.

Attorney(s) appearing for the Case

William L. Lutz, Martin & Martin, Las Cruces, for plaintiff-appellant.

David L. Norvell, Atty. Gen., Santa Fe, Norman S. Thayer, John A. Templeman, Special Asst. Attys. Gen., for defendant-appellee.

OPINION

WOOD, Chief Judge.

Section 21-5-1(G), N.M.S.A. 1953 (Repl. Vol. 4) requires that suits against "state officers as such" are to be brought at the capitol and, thus, in the district court of Santa Fe County. Silva is the district director of the Bureau of Revenue. Lacy sued Silva for malicious prosecution in the district court of Dona Ana County. The trial court dismissed for lack of venue and Lacy appeals. The issues are: (1) whether the district...

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