New Mexico § 44-3-6 - Usurpation of office; allegations in complaint; compensation of defendant; bond; injunction

§ 44-3-6. Usurpation of office; allegations in complaint; compensation of defendant; bond; injunction

Whenever such action shall be brought against a person for usurping an office, the

attorney general, district attorney or person complaining, in addition to the statement

of the cause of action, shall also set forth in the complaint the name of the person

rightfully entitled to the office with a statement of his right thereto, and in such

cases, upon proof by affidavit that the defendant has received or is about to receive

the fees and emoluments of the office by virtue of his usurpation thereof, the judge

of the district court wherein such proceeding is pending, or a justice of the supreme

court, if the proceeding be therein pending, may by order require the defendant to

furnish a good and sufficient bond, within a designated time not exceeding fifteen

days, executed and acknowledged as required by law in the case of supersedeas bonds

on appeal, to be approved by said judge, conditioned that in case the person alleged

to be entitled to the office should prevail, the defendant will repay to him all fees

and emoluments of the office received by him and by means of his usurpation thereof,

and in addition to said bond, or in case of a failure to give said bond, the said

judge or justice shall upon good cause shown, issue a writ of injunction directed

to the proper disbursing officer enjoining and restraining him from issuing to the

defendant or his assigns any warrant, check, certificate or certificates of indebtedness

representing fees or emoluments of said office, until the final adjudication of said

cause.