When an action shall be brought by the attorney general or district attorney by virtue of this chapter [44-3-1 to 44-3-16 NMSA 1978], on the relation or information of a person or persons, having an interest in the question, the name of such person shall be joined with the state as relator.
History: Laws 1919, ch. 28, § 3; C.S. 1929, § 115-103; 1941 Comp., § 26-203; 1953 Comp., § 22-15-3.
Proceedings must be brought in name of state. — Quo warranto proceedings to contest a state office must be brought in the name of the state. State ex rel. Hannett v. District Court, 1925-NMSC-004, 30 N.M. 300, 233 P.2d 1002.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 61, 62, 64.
Right of corporation to act as relator in information in the nature of quo warranto, 1 A.L.R. 197.
74 C.J.S. Quo Warranto §§ 25, 27.
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.]