Statutes > New Mexico Statutes > Chapter 44 - Miscellaneous Civil Law Matters. > Article 2 - Mandamus, 44-2-1 through 44-2-14. > Section 44-2-4 - Purpose of writ; judicial discretion not controlled.

Section 44-2-4 - Purpose of writ; judicial discretion not controlled.

44-2-4. [Purpose of writ; judicial discretion not controlled.]

It may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station; but though it may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, it cannot control judicial discretion.