SENDER v. MONTOYA

No. 7428.

387 P.2d 860 (1963)

73 N.M. 287

Kenneth D. SENDER, Petitioner, v. Honorable Samuel Z. MONTOYA, Judge of Division I of the District Court of Santa Fe County, new Mexico, Respondent.

Supreme Court of New Mexico.

December 23, 1963.


Attorney(s) appearing for the Case

Catron & Catron, John S. Catron, Santa Fe, for petitioner.

Earl E. Hartley, Atty. Gen., Norman S. Thayer, Asst. Atty. Gen., Santa Fe, for respondent.


CARMODY, Justice.

Petitioner, by an original action in mandamus, seeks to compel respondent to dismiss a case under rule 41(e) (§ 21-1-1 (41) (e), N.M.S.A. 1953).

The issues are narrowly confined to whether respondent erroneously refused to dismiss a proceeding for failure of the plaintiff to take any action to bring a case to its final determination more than two years after the filing thereof, and whether mandamus is appropriate if the trial court's...

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