Opinion No. 34-824
October 30, 1934
TO: Miss Catherine Farrelly, Deputy Clerk District Court, Santa Fe, New Mexico.
{*164} In your letter of October 29, 1934 you ask whether or not the filing of a petition for the appointment of a guardian for a minor is subject to the $ 2.50 fee imposed by Section 4, Chapter 14, Laws of 1934.
Said section provides that "there is hereby levied a fee of $ 2.50 upon each and every civil action filed in the office of the clerk of the various district courts of the State of New Mexico, etc.,". The term "action" has been defined as the "pursuit of a right in court without regard to the form of procedure". Ginsberg vs. Wyman, 172 N.E. 614, 272 Mass. 499. In view of such definition I am of the opinion that the filing of such a petition constitutes the filing of a "civil action" within the meaning of said section.
By: QUINCY D. ADAMS,
Asst. Attorney General