CARMODY, Justice.
This is an appeal from the action of the district court in dismissing a cause of action under the provisions of § 21-1-1(41) (e), N.M.S.A. 1953 Comp.
The complaint in the case was filed on the 7th of March, 1955, and issue was originally joined by answer thereto on the 15th of April, 1955. Subsequently, on the 13th of December, 1955, an amended complaint was filed which was answered by the defendant on January 23, 1956. On July 18, 1958...
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