SWALLOWS v. CITY OF ALBUQUERQUE

No. 6075.

298 P.2d 945 (1956)

61 N.M. 265

Albert T. SWALLOWS, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE, Employer; Mountain States Mutual Casualty Company, Insurer; Defendants-Appellees.

Supreme Court of New Mexico.

June 27, 1956.


Attorney(s) appearing for the Case

Joseph L. Smith, Henry A. Kiker, Jr., Albuquerque, for appellant.

Hannett, Hannett & Cornish, Albuquerque, for Mountain States Mutual Casualty.

Frank L. Horan, Albuquerque, for City of Albuquerque.


LUJAN, Justice.

This is an appeal from the district court of Bernalillo County dismissing claimant's action, and holding that it was barred by the statute of limitations. No doubt the trial court felt compelled by the legislative directive of § 59-10-13 of 1953 Compilation to dismiss the proceedings as not timely filed. The same compulsion forces us to a similar ruling.

Albert T. Swallows, an employee of the City of Albuquerque Police Department, was...

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