State Ex Rel. Hughes v. Mcnabb.

Decision Date18 December 1933
Docket NumberNo. 3855.,3855.
PartiesSTATE ex rel. HUGHES et al.v.McNABB.
CourtNew Mexico Supreme Court

OPINION TEXT STARTS HERE

Appeal from District Court, Santa Fe County; Otero, Judge.

Mandamus proceedings by the State, on the relation of Thomas Hughes and the New Mexico Better Business Association, an unincorporated association, against J. A. McNabb, acting state comptroller. From a judgment granting a writ of mandamus, the defendant appeals.

Appeal dismissed, and the cause remanded.

Question involved in mandamus proceeding against state comptroller to compel access to record of gasoline taxes paid held moot where defendant's term expired and relevant statute was repealed. Comp.St.1929, § 60-212, repealed by Laws 1933, c. 176, § 26.

Frank H. Patton, Asst. Atty. Gen., for appellant.

Dudley Cornell and Hugh B. Woodward, both of Albuquerque, for appellees.

ZINN, Justice.

Appellees were granted a writ of mandamus against appellant as acting state comptroller, commanding him to give appellees access to certain records in his office that they may be informed of the amounts of gasoline taxes paid by each individual, corporation, firm, or association in the state engaged in the gasoline business.

The question for decision herein is whether, pursuant to 1929 Comp. St. § 60-212, the records, books, papers, and returns of taxpayers of the gasoline excise tax, in the hands of the acting state comptroller, are public records subject to inspection by any interested person.

In view of the fact that no substantial rights are involved, and the appellant is no longer the incumbent in office, and that 1929 Comp. St. § 60-212 was expressly repealed by Laws 1933, c. 176, § 26, the question is moot, and it is contrary to our policy to decide a moot cause. Board of County Commissioners v. Coors, 30 N. M. 482, 239 P. 524; State ex rel. Mirabal v. Greer, 37 N. M. 292, 21 P.(2d) 819.

The appeal will be dismissed, and the cause remanded.

It is so ordered.

WATSON, C. J., and SADLER, HUDSPETH, and BICKLEY, JJ., concur.

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4 cases
  • Appelman v. Beach
    • United States
    • New Mexico Supreme Court
    • March 21, 1980
    ...The County concedes that it is a moot point; Appelman claims it is constitutional. The only New Mexico case on point is State v. McNabb, 38 N.M. 92, 28 P.2d 521 (1933). McNabb was the acting State Comptroller and the State sought and was granted a writ of mandamus ordering McNabb to give th......
  • New Mexico Bus Sales v. Michael
    • United States
    • New Mexico Supreme Court
    • March 15, 1961
    ...P. 510; Yates v. Vail, 29 N.M. 185, 221 P. 563; Carman v. Bd. of Com'rs of McKinley County, 32 N.M. 517, 259 P. 821; State ex rel. Hughes v. McNabb, 38 N.M. 92, 28 P.2d 521; Hatch v. Keehan, 61 N.M. 1, 293 P.2d 314; Board of Com'rs of Bernalillo County v. Coors, 30 N.M. 482, 239 P. 524; Por......
  • State v. Vogel.
    • United States
    • New Mexico Supreme Court
    • February 18, 1935
    ...Com'rs of McKinley County, 32 N. M. 517, 259 P. 821; State ex rel. Mirabal v. Greer, 37 N. M. 292, 21 P.(2d) 819; State ex rel. Hughes v. McNabb, 38 N. M. 92, 28 P.(2d) 521. Authorities from other states have applied the doctrine in cases of the very kind now before us, viz., judgments of r......
  • Hatch v. Keehan
    • United States
    • New Mexico Supreme Court
    • January 30, 1956
    ...Consequently, the question is moot and it is contrary to the policy of this Court to try purely academic causes. State ex rel. Hughes v. McNabb, 38 N.M. 92, 28 P.2d 52; Board of Com'rs of Bernalillo Co. v. Coors, 30 N.M. 482, 239 P. 524; Yates v. Vail, 29 N.M. 185, 221 P. The appeal should ......

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