BACA V. PARKER, 1906-NMSC-034, 13 N.M. 466, 87 P. 465 (S. Ct. 1906)
LEANDRO BACA, Relator,
vs.
FRANK W. PARKER, Judge, etc., Respondent
No. 1175
SUPREME COURT OF NEW MEXICO
1906-NMSC-034, 13 N.M. 466, 87 P. 465
October 27, 1906
WRIT OF PROHIBITION.
COUNSEL
Chas. A. Spiess, and E. W. Dobson, for relator.
Wm. C. Reid, Attorney General, for respondent.
OPINION
{*466} OPINION OF THE COURT.
{1} The court in this case considers itself bound by its former decisions to the effect that in this Territory, the commission of the governor, in a case where he has the power to appoint, must be recognized until resort is had to a trial of title to the office in question in a proceeding by quo warranto. Such being the case, this court will decline to issue a peremptory writ of prohibition, under the order to show cause which has just been argued.
{*467} {2} The issuing of the peremptory writ of prohibition is denied.
William J. Mills,
Chief Justice, Etc.