State Ex Rel. Pacific Employers Ins. v. Arledge

New Mexico Supreme Court

State Ex Rel. Pacific Employers Ins. v. Arledge

221 P.2d 562, 54 N.M. 267

CourtNew Mexico Supreme Court

DecidedAugust 12, 1950

Docket5333

StatusPublished

Cited by7 cases

This text of 221 P.2d 562 (State Ex Rel. Pacific Employers Ins. v. Arledge) 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

State Ex Rel. Pacific Employers Ins. v. Arledge, 221 P.2d 562, 54 N.M. 267 (N.M. 1950).

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Opinion

PER CURIAM.

The respondent as judge of Division II of the Second Judicial District within and for Bernalillo County, in cause No. 44,367, pending on the civil docket of said court, entitled “August Aloysius Lauman, Claimant, v. Valley Gold Dairies, Inc., Employers and Pacific Employers Insurance Company, Insurer, Defendants,” declined to disqualify himself following the filing of statutory affidavit pursuant to 1941 Comp. § 19-508. The ground advanced for the position taken is that prosecution of a claim under 1941 Comp., Chapter 57, Article 9, §§ 57-901 to 57-927, known as the Workmen’s Compensation Act is not a “proceeding” within the true intendment of the disqualification statute. It has been uniformly so treated ever since enactment of this statute, both by the bench and the bar of this state, until now. Such unanimous recognition for nearly twenty years suggests the practice has good reason to support it. We find such to he the case. Accordingly, respondent’s order striking the affidavit of disqualification is a nullity. There was no jurisdiction to act. The alternative writ heretofore issued will be made permanent.

It is so ordered.

BRICE, C. J., and LUJAN, SADLER, McGHEE and COMPTON, JJ., concur.

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PER CURIAM.

The respondent as judge of Division II of the Second Judicial District within and for Bernalillo County, in cause No. 44,367, pending on the civil docket of said court, entitled “August Aloysius Lauman, Claimant, v. Valley Gold Dairies, Inc., Employers and Pacific Employers Insurance Company, Insurer, Defendants,” declined to disqualify himself following the filing of statutory affidavit pursuant to 1941 Comp. § 19-508. The ground advanced for the position taken is that prosecution of a claim under 1941 Comp., Chapter 57, Article 9, §§ 57-901 to 57-927, known as the Workmen’s Compensation Act is not a “proceeding” within the true intendment of the disqualification statute. It has been uniformly so treated ever since enactment of this statute, both by the bench and the bar of this state, until now. Such unanimous recognition for nearly twenty years suggests the practice has good reason to support it. We find such to he the case. Accordingly, respondent’s order striking the affidavit of disqualification is a nullity. There was no jurisdiction to act. The alternative writ heretofore issued will be made permanent.

It is so ordered.

BRICE, C. J., and LUJAN, SADLER, McGHEE and COMPTON, JJ., concur.

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221 P.2d 562, 54 N.M. 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pacific-employers-ins-v-arledge-nm-1950.

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