The writ of mandamus is regulated as in this chapter prescribed.
History: Laws 1884, ch. 1, § 37; C.L. 1884, § 1992; C.L. 1897, § 2760; Code 1915, § 3411; C.S. 1929, § 86-101; 1941 Comp., § 26-101; 1953 Comp., § 22-12-1.
ANNOTATIONSMeaning of "this chapter". — The original act, Laws 1884, ch. 1, was divided into three unnumbered divisions, habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; and prohibition, §§ 51 to 56. The term "this chapter" appeared in the original act and apparently referred to the division containing §§ 37 to 50, presently compiled as 44-2-1 to 44-2-13 NMSA 1978.
Section limits and defines court's mandamus power. — Under and by virtue of this section, the power of the court in a mandamus proceeding is limited and defined. Board of Comm'rs v. Dist. Court, 1924-NMSC-009, 29 N.M. 244, 223 P. 516.
Denomination of pleading irrelevant since allegations and relief determine nature. — It matters not what the pleading initiating the proceeding may be denominated. If in truth is discloses by its allegations and the relief sought that it is an action in mandamus, it will be so treated. Laumback v. Board of Cnty. Comm'rs, 1955-NMSC-096, 60 N.M. 226, 290 P.2d 1067.
Formal defects in petition for writ waived. — Because the motor vehicle division appeared generally in the case and subsequently did not answer or appear at any hearing, the division waived any formal defects in the petition for writ of mandamus. Barreras v. N.M. Motor Vehicle Div., 2005-NMCA-055, 137 N.M. 435, 112 P.3d 296.
Law reviews. — For article, "Mandamus in New Mexico," see 4 N.M. L. Rev. 155 (1974).
For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M. L. Rev. 249 (1976).
For note, "Mandamus Proceedings Against Public Officials: State of New Mexico ex rel. Bird v. Apodaca," see 9 N.M.L. Rev. 195 (1978-79).
For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M.L. Rev. 1 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Mandamus § 1 et seq.
Allowance of attorney's fees in mandamus proceedings, 34 A.L.R.4th 457.
55 C.J.S. Mandamus § 1 et seq.