When an action shall be brought by the attorney general or district attorney by virtue of this chapter [44-3-1 to 44-3-16 NMSA 1978], on the relation or information of a person or persons, having an interest in the question, the name of such person shall be joined with the state as relator. History: Laws 1919, ch. 28, § 3; C.S. 1929, § 115-103; 1941 Comp., § 26-203; 1953 Comp., § 22-15-3. ANNOTATIONSProceedings must be brought in name of state. — Quo warranto proceedings to contest a state office must be brought in the name of the state. State ex rel. Hannett v. District Court, 1925-NMSC-004, 30 N.M. 300, 233 P.2d 1002. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 61, 62, 64. Right of corporation to act as relator in information in the nature of quo warranto, 1 A.L.R. 197. 74 C.J.S. Quo Warranto §§ 25, 27.
New Mexico Legal Code