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eBook details

• Title: Montoya v. Blackhurst
• Author : New Mexico Supreme Court
• Release Date : January 04, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

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 of mandamus. Before a amended his petition for a writ of mandamus and asked, in the alternative, for a declaratory judgment that the replevin statute was unconstitutional. Appellee further asked for injunctive relief against appellants. After a hearing, the trial court ruled that the alternative writ be made permanent, declared replevin statutes §§ 36-13-1 through 36-13-6, N.M.S.A. 1953 Comp. (Repl. Vol. 6, 1971 Pocket Supp.), to be unconstitutional, and enjoined appellants from enforcing the replevin statutes.

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