In every case such judgment shall be rendered upon the right of the defendant and also upon the right of the party alleged to be entitled, or only upon the right of the defendant, as justice may require. When the action shall not be terminated during the term of the office in controversy it may notwithstanding be prosecuted to completion and judgment rendered, which shall determine the right which any party had to the office, and to the fees and emoluments thereof.
History: Laws 1919, ch. 28, § 9; C.S. 1929, § 115-109; 1941 Comp., § 26-209; 1953 Comp., § 22-15-9.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto § 112.
74 C.J.S. Quo Warranto § 48.
Structure 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.]