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STATE v. DISTRICT COURT OF THE SIXTH JUDICIAL DIST.

No. 5347.

227 P.2d 937 (1951)

55 N.M. 135

STATE ex rel. DE MOSS v. DISTRICT COURT OF THE SIXTH JUDICIAL DIST.

Supreme Court of New Mexico.

February 13, 1951.

Attorney(s) appearing for the Case

H. Vearle Payne, Lordsburg, Hodges & Hodges, Silver City, for relator.

J.R. Wrinkle, Silver City, Bert Newland, Deming, for respondent.

McGHEE, Justice.

The relator seeks to prohibit the trial of a case pending in the District Court of Grant county filed October 17, 1949, entitled "Lettie Mae Mathis, administratrix of the estate of James B. Mathis, Sr., versus E.C. DeMoss," wherein damages are sought on account of the claimed negligence of DeMoss in performing surgery on James B. Mathis, Sr., on October 7, 1948, which it is claimed caused his death on October 18, 1948.

The administratrix was...

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