BALLARD v. MARKEY

No. 7335.

389 P.2d 205 (1964)

73 N.M. 437

J. L. BALLARD, d/b/a Ballard Plumbing Company, Plaintiff-Appellant, v. Michael P. MARKEY, and Mildred S. Markey, his wife, Defendants-Appellees.

Supreme Court of New Mexico.

February 3, 1964.


Attorney(s) appearing for the Case

R.F. Deacon Arledge, Warren F. Reynolds, Albuquerque, for appellant.

Rodey, Dickason, Sloan, Akin & Robb, Charles B. Larrabee, Albuquerque, for appellees.


COMPTON, Chief Justice.

This appeal is from an order granting the defendants' motion to dismiss the plaintiff's complaint for lack of prosecution for a period of two years under Rule 41(e) of our Rules of Civil Procedure, § 21-1-1(41) (e), N.M.S.A.1953.

The rule provides:

"(1) In any civil action or proceeding pending in any district court in this state, when it shall be made to appear to the court that the plaintiff therein or any defendant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases