443 P.2d 869

#### Nicholas D. BRAINARD, Petitioner, v. The CLERK of the SECOND JUDICIAL DISTRICT COURT, Respondent.

No. 8708.

Supreme Court of New Mexico.

Aug. 8, 1968.

MOISE, COMPTON and CARMODY, Justices, concurring.

CHAVEZ, Chief Justice, and NOBLE, Justice, being absent and not participating.

Ordered that the alternative writ of mandamus issued herein on July 25, 1968, be and the same is hereby discharged for the reason that the issues therein are moot.