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SCHALL v. BURKS

No. 7700.

396 P.2d 192 (1964)

74 N.M. 583

Thomas G. SCHALL, Administrator of the Estate of Charlie M. Guynn, Deceased, Petitioner, v. Hon. Garnett R. BURKS, Judge of the Seventh Judicial District comprising the Counties of Torrance, Socorro, Sierra and Catron, Respondent.

Supreme Court of New Mexico.

October 19, 1964.

Attorney(s) appearing for the Case

Keleher & McLeod, Russell Moore, Albuquerque, for petitioner.

Matteucci, Gutierrez, Franchini & Calkins, Albuquerque, for respondent.

CHAVEZ, Justice.

Petitioner Thomas G. Schall, administrator of the estate of Charlie M. Guynn, deceased, by original action in mandamus, seeks the dismissal of a damage action pursuant to Rule 41(e) (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp.). The trial court, respondent herein, by order denied the administrator's motion to dismiss the cause. Petitioner then filed his petition for an alternative writ of mandamus which...

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