MARLEY v. CITY OF TRUTH OR CONSEQUENCES

No. 7343.

389 P.2d 603 (1964)

73 N.M. 484

Arvil E. MARLEY and Ruby Fay Marley, Plaintiffs-Appellants, v. CITY OF TRUTH OR CONSEQUENCES, a municipal corporation, Hal Everett, City Manager, Robbie J. Clark, Mayor, Ben Hillger, D. A. Garcia, Robert Holcomb and Floyd Cross, Commissioners of said municipal corporation; and D. A. Walton, Superintendent of Utilities, Defendants-Appellees.

Supreme Court of New Mexico.

February 17, 1964.


Attorney(s) appearing for the Case

Glen G. Hilford, Truth or Consequences, for appellants.

Jess R. Nelson, Truth or Consequences, for appellees.


CHAVEZ, Justice.

Appellants, plaintiffs in the court below, seek a reversal of an order of dismissal, with prejudice, of their cause of action under the provisions of Rule 41(e) (1), (§ 21-1-1(41) (e) (1), N.M.S.A., 1953 Comp.).

The original complaint was filed on March 7, 1959. On April 4, 1959, appellants filed their first amended complaint in three counts, to-wit: (1) To restrain appellees from discontinuing their electric service; (2) for damages...

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