WALL v. GILLETT

No. 6058.

298 P.2d 939 (1956)

61 N.M. 256

Betty Jean WALL, Administratriz of the Estate of Sterling H. WALL, Deceased, Plaintiff-Appellant, v. Hilton W. GILLETT, Defendant-Appellee.

Supreme Court of New Mexico.

June 21, 1956.


Attorney(s) appearing for the Case

Mears & Mears, T.E. Mears, Jr., J. Fred Boone, Portales, for appellant.

Heidel & Swarthout, Lovington, Smith & Smith, Esther L. Smith, Clovis, for appellee.


McGHEE, Justice.

The question for decision is whether the 1953 amendment allowing three years for the bringing of suit under our wrongful death statute, Laws 1953, ch. 30, § 1, being § 22-20-2, N.M.S.A. 1953, effective June 12, 1953, controls in the case of death occurring in 1952 instead of the one-year period theretofore allowed, N.M.Comp.St. 1929, § 36-103.

On August 30, 1952, plaintiff's intestate was injured in an automobile accident and...

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