(DOWNLOAD) "Lacy v. Silva" by New Mexico Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Lacy v. Silva
- Author : New Mexico Court of Appeals
- Release Date : January 05, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Section 21-5-1(G), N.M.S.A. 1953 (Repl. Vol. 4) requires that suits against "state officers as such" are to be brought at the capitol and, thus, in the district court of Santa Fe County. Silva is the district director of the Bureau of Revenue. Lacy sued Silva for malicious prosecution in the district court of Dona Ana County. The trial court dismissed for lack of venue and Lacy appeals. The issues are: (1) whether the district director of the Bureau of Revenue is a "state officer" within the meaning of § 21-5-1(G), supra, and (2) whether the malicious prosecution suit, in purpose and effect, is against the Bureau of Revenue and its Commissioner. Section 72-13-93, N.M.S.A. 1953 (Repl. Vol. 10, pt. 2, Supp. 1971) is not involved, having been enacted subsequent to the events involved in this litigation.
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