The prevailing party in such proceedings may recover his costs from his opponent, provided that no costs shall be taxable against the state nor the attorney general when acting as relator, but such costs shall be taxable against and recovered from a private relator whenever the judgment is for the defendant.
History: Laws 1919, ch. 28, § 11; C.S. 1929, § 115-111; 1941 Comp., § 26-211; 1953 Comp., § 22-15-11.
Cross references. — For provision concerning costs in judgment finding defendant guilty of usurpation of office, see 44-3-14 NMSA 1978.
This section rather than civil rule governs costs. — In an action in quo warranto, the taxation of costs, other than the receivership costs, is governed by this section (costs in quo warranto proceedings) rather than by Rule 54(d), N.M.R. Civ. P. (now Rule 1-054D NMRA). White v. Clevenger, 1962-NMSC-144, 71 N.M. 80, 376 P.2d 31.
This section exempts the state and attorney general from costs. State ex rel. Hannett v. District Court, 1925-NMSC-004, 30 N.M. 300, 233 P. 1002.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto §§ 118, 131.
74 C.J.S. Quo Warranto § 52.
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