DocketNumber: No. 4568.
Citation Numbers: 107 P.2d 1050, 45 N.M. 23
Judges: Bickley, Brice, Sadler, Zinn, Mabry
Filed Date: 11/13/1940
Status: Precedential
Modified Date: 10/19/2024
"The State Purchasing Agent owed a duty to the public to honestly and fairly exercise his discretion to award the contract in question to the lowest and best bidder. If he failed to lawfully perform that duty, his action in the matter could be reached and controlled by mandamus. Private citizens as well as taxpayers or proper public officials may maintain mandamus to enforce the performance of a public duty. The rule of law governing such suits when brought by private citizens is well stated in State ex rel. Black Gilmore v. Wilson,
"``Where a public duty is sought to be enforced in which the public generally is interested by private citizens on behalf of the public as well as on their own, they may move for a writ of mandamus, and are not required to plead or prove any special or particular interest in the result of the performance of the general public duty because the people are regarded as the real, moving party.'"
See also Ward v. City of Roswell,
The motion for rehearing is denied.
BRICE, ZINN, SADLER, and MABRY, JJ., concur. *Page 29