Alfred v. Anderson

522 P.2d 79, 86 N.M. 227
CourtNew Mexico Supreme Court
DecidedApril 26, 1974
Docket9743
StatusPublished
Cited by11 cases

This text of 522 P.2d 79 (Alfred v. Anderson) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alfred v. Anderson, 522 P.2d 79, 86 N.M. 227 (N.M. 1974).

Opinion

OPINION

OMAN, Justice.

Petitioners are Navajo Indians, enrolled members of the Navajo Tribe and reside on the Navajo Reservation. They are both employed in the Navajo Mine, which is located within San Juan County, New Mexico and within the Navajo Reservation. They are employed by Utah International, Inc., a non-Navajo corporation which operates the mine.

Each Petitioner incurred an indebtedness at a place of business located off the reservation. Each failed to pay the indebtedness he incurred and was sued therefor in Division II of the Magistrate Court of San Juan County over which Respondent presides. A judgment was entered against each Petitioner and neither appealed therefrom. The judgments remained unpaid, and the judgment creditor in each case obtained from Respondent in his judicial capacity writs of garnishment directed to Petitioners’ employer, Utah International Inc.

These writs were served upon the employer at the mine. The employer, pursuant to the commands of the writs, remitted to the magistrate court the sum of $71.45 on behalf of Petitioner Alfred and $77.75 on behalf of Petitioner Joe. At the time of the initiation of the proceedings now before us, the magistrate court still had in its possession the $71.45 remitted on behalf of Petitioner Alfred and $41.20 of the amount remitted on behalf of Petitioner Joe.

The proceedings now before us on this appeal were initiated by Petitioners in the District Court of San Juan County by filing a pleading entitled “Petition for Writ of Mandamus and Prohibition and Declaratory Judgment.” Assuming, without deciding, that these different forms of relief could have been and properly were sought in these proceedings, we are now only concerned with the purported mandamus proceedings.

According to the record before us, the claim for declaratory judgment was never mentioned in the district court or the proceedings therein, except for the reference thereto in the petition. It is obvious that the district court made no findings, conclusions or orders in any way relating to Petitioners’ claims for declaratory relief. Petitioners requested no findings of fact or conclusions of law upon this or any other issue, and took no exceptions to the court’s findings or conclusions. The findings are in no way attacked upon this appeal as being inaccurate, incomplete or inadequate. Thus, the facts found are the only facts before us and are binding upon us and Petitioners on this appeal. Springer Corporation v. Kirkeby-Natus, 80 N.M. 206, 453 P.2d 376 (1969); Vaughan v. Wolfe, 80 N.M. 141, 452 P.2d 475 (1969); Webb v. Hamilton, 78 N.M. 647, 436 P.2d 507 (1968). Likewise, no attack is made upon the failure of the trial court to make conclusions of law concerning the claim for declaratory relief, or the court’s failure to include any reference thereto in its orders, including the order from which this appeal is taken. On appeal, errors claimed must be specifically stated and argued. Petritsis v. Simpier, 82 N.M. 4, 474 P.2d 490 (1970); Irwin v. Lamar, 74 N.M. 811, 399 P.2d 400 (1964).

The petition for a writ of prohibition was grounded in a claimed class action, the class being “all otheiJ Indians whose places of employment are upon the Navajo Indian Reservation, and who are or might be subjected to writs of garnishment issued by Respondent Anderson.” The ultimate relief sought on behalf of the class was a peremptory writ of prohibition “barring [Respondent] from giving any further writs of garnishment against Indians employed upon the Navajo reservation.” In an order to show cause issued by the court and directed to Respondent, reference was made to the petition “seeking a writ of mandamus and prohibition.” In one of its conclusions of law, the district court also made reference to the “writ of mandamus and prohibition prayed for.” According to the record before us, except for the allegations in the petitions concerning prohibition, these were the only two references to prohibition in the proceedings in the district court. No findings relative to the class action, or otherwise pertaining to the prphibitory relief sought, were requested by Petitioners or made by the district court. Also, Petitioners have not asserted any error on the part of the trial court relative to its failure to specifically find or rule upon their alleged claim for class action relief, and they have not specifically directed any argument, thereto. For these reasons and the reasons stated above in our discussion of the claim for declaratory relief, neither of these claims are before us.

We now come to Petitioners’ claim of right to a writ of mandamus commanding Respondent to return to them the said sums of $71.45 and $41.20. This claim is predicated upon their assertions that Respondent was without authority to issue the writs directed to their employer by which their wages were attached, since they were Navajo Indians, their place of employment was on the Navajo Reservation, and the business of their employer, at least insofar as this cause is concerned, was wholly located and operated upon the Navajo Reservation.

Upon the filing of the petition, the district court promptly, and apparently with the approval of Petitioners, issued an order to show cause directed to Respondent. No provision was made by the State of New Mexico to furnish counsel for Respondent, and, except for a special appearance by an Assistant District Attorney for some reason undisclosed by the record before us, Respondent was not represented at the apparently unreported hearing on the order to show cause, or at any other proceeding in the district court. The State also failed to furnish Respondent with counsel on this appeal. Consequently, only the position of Petitioners has been presented to us.

Sections 22-12-1 through 14, N.M.S.A. 1953 relate to mandamus proceedings. Section 22-12-5 expressly provides: “The writ shall not issue in any case where there is a plain, speedy and adequate remedy in the ordinary course of law.” Section 22-12-6 provides that the writ shall be either alternative or peremptory, and expressly recites what matters shall be contained in an alternative writ and the fact that such writ shall command the defendant, or Respondent, to perform the act required or show cause why he has not done so.

The order to show cause issued by the district court failed in almost every respect to comply with these requirements of an alternative writ of mandamus. In Laumbach v. Board of County Commissioners, 60 N.M. 226, 232, 233, 290 P.2d 1067, 1070, 1071 (1955), it was stated with reference to the order to show cause issued by the district court in that case:

“When we compare the allegations of the order in the case at bar, with those customarily found in an alternative writ of mandamus, we find every element present one would expect to find in an ordinary action of mandamus.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

La Mesa Racetrack & Casino v. State Gaming Control Board
2012 NMCA 76 (New Mexico Court of Appeals, 2012)
Gary Stripling v. Shauna
New Mexico Court of Appeals, 2012
State Ex Rel. Hyde Park Co. v. Planning Commission
1998 NMCA 146 (New Mexico Court of Appeals, 1998)
Pena v. Trujillo
871 P.2d 1377 (New Mexico Court of Appeals, 1994)
Cordova v. Broadbent
755 P.2d 59 (New Mexico Supreme Court, 1988)
Kerpan v. Sandoval County District Attorney's Office
750 P.2d 464 (New Mexico Court of Appeals, 1988)
Matter of Grand Jury Sandoval County
750 P.2d 464 (New Mexico Court of Appeals, 1988)
State Ex Rel. New Mexico State Highway Department v. Silva
650 P.2d 833 (New Mexico Court of Appeals, 1982)
Tiffany Construction Co. v. Bureau of Revenue
629 P.2d 1233 (New Mexico Court of Appeals, 1980)
Robinson v. Short
603 P.2d 720 (New Mexico Supreme Court, 1979)
Kimberly, Inc. v. Hays
537 P.2d 1402 (New Mexico Supreme Court, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
522 P.2d 79, 86 N.M. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfred-v-anderson-nm-1974.