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GILMAN v. BATES

No. 6999.

383 P.2d 253 (1963)

72 N.M. 288

Marie K. GILMAN and Jane Gilman Tracy, Plaintiffs-Appellants, v. Chas. T. BATES and Howard W. Jennings, Defendants-Appellees.

Supreme Court of New Mexico.

June 24, 1963.

Attorney(s) appearing for the Case

Charles H. Fowler, Socorro, for appellants.

Hervey, Dow & Hinkle, S.B. Christy, IV, W.E. Bondurant, Jr., Roswell, Busby, Stanfield, Deaton & West, Ada, Okl., for appellees.

ROBERT W. REIDY, District Judge.

We are called upon in this appeal to further interpret § 21-1-1(41)(e), N.M.S.A. 1953, and the power of the district court to dismiss an action upon its docket.

The complaint was filed on November 13, 1958. A motion to amend the complaint is the next instrument to appear on the docket on June 15, 1960. Then an order allowing amendment to complaint, June 16, 1960. Amended complaint filed June 24, 1960. Then on October 26...

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