STATE EX REL. MARSH SALES CO. V. SWOPE, 1960-NMSC-061, 67 N.M. 376, 355 P.2d 679 (S. Ct. 1960)
STATE of New Mexico ex rel. MARSH SALES
CO., Inc., a
corporation, and Mountain States Mutual Casualty
Company, a corporation, Petitioners
vs.
Honorable Edwin L. SWOPE, Judge of Division III of the
District Court of the Second Judicial District of the
State of New Mexico, Respondent
No. 6777
SUPREME COURT OF NEW MEXICO
1960-NMSC-061, 67 N.M. 376, 355 P.2d 679
June 29, 1960
Original Prohibition Proceeding.
JUDGES
McGhee Chief Justice, and Compton, Carmody, Moise and Chavez, Justices, concurring
OPINION
{*376} The Court, McGhee Chief Justice, and Compton, Carmody, Moise and Chavez, Justices, concurring, is of the opinion that this is not a case in which the Court should exercise its superintending control, and that the alternative writ heretofore issued was, therefore, improvidently issued; and
Ordered, considered and adjudged that the alternative writ of prohibition heretofore issued herein on May 19, 1960, be and the same is hereby quashed.