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FLINN v. BURROW

No. 6554.

345 P.2d 418 (1959)

66 N.M. 210

E.C. FLINN, d/b/a New Mexico Builders Supply, Plaintiff-Appellee, v. Wilbert E. BURROW, Defendant-Appellant.

Supreme Court of New Mexico.

October 22, 1959.

Attorney(s) appearing for the Case

George L. Zimmerman, Alamogordo, for appellant.

C.C. Chase, Jr., Alamogordo, for appellee.

LUJAN, Chief Justice.

The time provided for filing appellant's praecipe for record in an appeal allowed in this case expired on February 16, 1959. The praecipe was filed on February 17, 1959. Thereafter, on the same day, appellee filed a motion to dismiss the appeal. A few days later the court entered its order dismissing the appeal on the ground "that the failure to file the praecipe within 30 days from the date the order allowing appeal was filed is a jurisdictional...

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