The prevailing party in such proceedings may recover his costs from his opponent, provided that no costs shall be taxable against the state nor the attorney general when acting as relator, but such costs shall be taxable against and recovered from a private relator whenever the judgment is for the defendant.
History: Laws 1919, ch. 28, § 11; C.S. 1929, § 115-111; 1941 Comp., § 26-211; 1953 Comp., § 22-15-11.
Cross references. — For provision concerning costs in judgment finding defendant guilty of usurpation of office, see 44-3-14 NMSA 1978.
This section rather than civil rule governs costs. — In an action in quo warranto, the taxation of costs, other than the receivership costs, is governed by this section (costs in quo warranto proceedings) rather than by Rule 54(d), N.M.R. Civ. P. (now Rule 1-054D NMRA). White v. Clevenger, 1962-NMSC-144, 71 N.M. 80, 376 P.2d 31.
This section exempts the state and attorney general from costs. State ex rel. Hannett v. District Court, 1925-NMSC-004, 30 N.M. 300, 233 P. 1002.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 118, 131.
74 C.J.S. Quo Warranto § 52.
Structure 2021 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Section 44-3-1 - [Commencement of proceedings; complaint; writ permissive.]
Section 44-3-2 - [Trial; time; use of jury permissive.]
Section 44-3-3 - [Name of private relator to be shown.]
Section 44-3-4 - [Who may bring action; private relators; when action lies.]
Section 44-3-5 - [Cost bond to be posted by private relator.]
Section 44-3-7 - [Right to elective office; allegations concerning election.]
Section 44-3-9 - [Judgment; nature; expiration of term of office before rendition.]
Section 44-3-13 - [Joinder of defendants.]