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Witt v. Hartman

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eBook details

  • Title: Witt v. Hartman
  • Author : New Mexico Supreme Court
  • Release Date : January 07, 1970
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Appellant contends that appellee has a clear ministerial duty (i.e., the duty involves no discretion) to approve the reimbursement voucher and issue the warrants by virtue of § 11-1-9(E), N.M.S.A. 1953 Comp., for if that section attempts to place any discretion in the governor or his delegate, it is unconstitutional in failing to set forth standards governing the exercise of such discretion. Art. III, § 1, New Mexico Constitution. He cites State ex rel. Lee v. Hartman, 69 N.M. 419, 367 P.2d 918 (1961); State ex rel. Holmes v. State Board of Finance, 69 N.M. 430, 367 P.2d 925 (1961); and State ex rel. Lucero v. Marron, 17 N.M. 304, 128 P. 485 (1912), in support of his contentions.


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