That in all cases of proceedings by mandamus in any district court of this state, the final judgment of the court thereon shall be reviewable by appeal or writ of error in the same manner as now provided by law in other civil cases.
History: Laws 1887, ch. 60, § 1; C.L. 1897, § 2773; Laws 1899, ch. 80, § 8; Code 1915, § 3424; C.S. 1929, § 86-114; 1941 Comp., § 26-114; 1953 Comp., § 22-12-14.
ANNOTATIONSCross references. — For appeals and writs of error generally, see Rules 12-201 to 12-216, and 12-501 to 12-505, NMRA.
Supreme Court of New Mexico may modify judgment of district court in mandamus on appeal. Territory ex rel. Coler v. Board of Cnty. Comm'rs, 1907-NMSC-018, 14 N.M. 134, 89 P. 252, aff'd, 215 U.S. 296, 30 S. Ct. 111, 54 L. Ed. 202 (1909).
Jurisdiction over mandamus parties. — Where a mandamus proceeding is consolidated with a district court appeal from a decision of the personnel board, the court of appeals has jurisdiction over the mandamus parties. State ex rel. N.M. State Hwy. Dep't v. Silva, 1982-NMCA-121, 98 N.M. 549, 650 P.2d 833.
The legislature precluded an appeal from a judgment granting a writ of mandamus if the issue of damages has not been resolved by enacting, in 1897, the language of this section. Village of Los Ranchos v. Sanchez, 2004-NMCA-128, 136 N.M. 528, 101 P.3d 339, cert. denied, 2004-NMCERT-011, 135 N.M. 656, 103 P.3d 580.
Order quashing peremptory writ of mandamus was not a final, appealable order where the writ directed the respondent public official to answer the petition for writ and where the answer raised issues of fact which the court had to resolve to determine if the public official had a clear duty to perform a ministerial act and whether he was performing that act. Mimbres Valley Irrigation Co. v. Salopek, 2006-NMCA-093, 140 N.M. 168, 140 P.3d 1117.
Issuance of writ of mandamus was not final order for purposes of appellate review because it did not resolve the issue of damages requested by the petitioners. Village of Los Ranchos v. Sanchez, 2004-NMCA-128, 136 N.M. 528, 101 P.3d 339, cert. denied, 2004-NMCERT-011, 135 N.M. 656, 103 P.3d 580.
Direct appeals. — District court mandamus orders, requiring hearings in the lower courts, are reviewed as direct appeals. Collado v. N.M. Motor Vehicle Div., 2005-NMCA-056, 137 N.M. 442, 112 P.3d 303.
Untimely appeal of peremptory writ of mandamus. — Where plaintiff, wife of decedent, filed a petition for writ of mandamus against the office of the medical investigator (OMI) and the chief medical investigator requesting the district court compel the OMI to file a corrected death certificate concerning the circumstances of decedent's death, and where defendants filed an answer to the petition, an evidentiary hearing was held, and the district court granted the writ of mandamus, all procedures available for an alternative writ had been exhausted and the final writ, which completely disposed of the case on the merits as a result of judgment in favor of plaintiff, was peremptory. Pursuant to 12-201(A)(2) NMRA, the district court's issuance of a peremptory writ required defendants to file a notice of appeal within thirty days of the district court's issuance of the peremptory writ; where no notice of appeal or motion directed against the judgment was filed within that time, defendants' appeal was untimely. Hoyt v. State, 2015-NMCA-108.
Law reviews. — For article, "Mandamus in New Mexico," see 4 N.M. L. Rev. 155 (1974).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Mandamus § 490.
Stay or supersedeas on appellate review in mandamus proceeding, 88 A.L.R.2d 420.
55 C.J.S. Mandamus § 362.