New Mexico Supreme Court March 9, 1964, 7313 (State Ex Rel. Callaway v. Axtell)

CARMODY, Justice.

The state appeals from the action of the trial court in sustaining a motion to dismiss its complaint.

The basic question at issue is: May a gratuity, paid by the state but subsequently determined to have been granted unconstitutionally, be recovered back from the recipient ?

For a proper understanding of the case, it is necessary to briefly discuss State ex rel. Mechem v.