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STATE v. QUESENBERRY

No. 7336.

383 P.2d 255 (1963)

72 N.M. 291

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION of New Mexico, Petitioner-Appellant, v. George R. QUESENBERRY, aka George R. Quesenberry, Trustee, et al., Defendants-Appellees.

Supreme Court of New Mexico.

June 24, 1963.

Attorney(s) appearing for the Case

Earl E. Hartley, Atty. Gen., Joseph L. Droege, Spec. Asst. Atty. Gen., Santa Fe, for appellant.

Garland & Martin, R. Wilson Martin, W.A. Sutherland, T.K. Campbell, E. Forrest Sanders, Las Cruces, for appellees.

NOBLE, Justice.

The State Highway Commission (respondent-appellant) has appealed from a permanent writ of mandamus requiring it to pay relators (appellees) the amount awarded by a stipulated judgment in eminent domain, as compensation for the taking, for a public purpose, of certain real estate in Dona Ana County, New Mexico. The judgment in the condemnation proceeding was not appealed from and time for appeal therefrom has long since expired. Appellees have moved...

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