BROWN v. DAVIS

No. 7514.

396 P.2d 594 (1964)

74 N.M. 609

Paul BROWN and Marie Brown, Plaintiff-Appellants, v. Fred DAVIS, D. C. Stevenson, J. M. Pearce, Gause Dunham, Dan Rivera, El Paso Natural Gas Company and Board of County Commissioners of Rio Arriba County, Defendants-Appellees.

Supreme Court of New Mexico.

November 9, 1964.


Attorney(s) appearing for the Case

Robert Hoath LaFollette, Albuquerque, for appellants.

Standley, Kegel & Campos, Winston Cook, Santa Fe, for appellees Fred Davis, D. C. Stevenson, J. M. Pearce, Gause Dunham and Dan Rivera.

Seth, Montgomery, Federici & Andrews, Frederick M. Mowrer, Santa Fe, for appellee El Paso Natural Gas. Co.

Alfonso G. Sanchez, Dist. Atty., Santa Fe, for appellee Board of County Commissioners of Rio Arriba County.


COMPTON, Chief Justice.

The correctness of the judgment dismissing the plaintiff's complaint under the provisions of § 21-1-1(41)(e), N.M.S.A.1953 Comp., is the question for review on appeal, The pertinent provisions of the statute read:

"(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 filing a cross-complaint therein has failed...

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