SITTA v. ZINN

No. 8221.

420 P.2d 131 (1966)

77 N.M. 146

Raymond E. SITTA, Individually, Raymond E. Sitta, d/b/a Sitta-Huie Ranch, Bruce Brimhall, Individually, and Paul Velasquez, Individually, Petitioners, v. The Honorable Frank B. ZINN, Judge of Division II of the Eleventh Judicial District, Respondent.

Supreme Court of New Mexico.

November 14, 1966.


Attorney(s) appearing for the Case

Beavers & Caton, Farmington, for petitioner Sitta.

White & Musgrove, Farmington, for petitioners Brimhall and Velasquez.

B.J. Baggett, Farmington, for respondent.


OPINION

MOISE, Justice.

Petitioners were defendants in a proceeding filed in the district court less than two years before the effective date of Ch. 132, N.M.S.L. 1965. After the passage of two, but less than three years from the date of filing, the case not having been finally determined, motion to dismiss under Rule 41(e) was filed. After hearing, the motion was overruled because the court considered Ch. 132, N.M.S.L. 1965, to be applicable. A writ of...

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