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SARIKEY v. SANDOVAL

No. 7545.

404 P.2d 108 (1965)

75 N.M. 271

Victoria SARIKEY, a Minor, through her Next of friend, John H. Stewart, Plaintiff-Appellant, v. Emilio A. SANDOVAL, Defendant and Third-Party Plaintiff-Appellee, v. Mercedes SARIKEY, Third-Party Defendant.

Supreme Court of New Mexico.

July 6, 1965.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, Warren F. Reynolds, Albuquerque, for appellant.

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

MOISE, Justice.

This is an appeal taken from an order of the district court dismissing plaintiff's complaint with prejudice under § 21-1-1(41) (e) N.M.S.A. 1953. Appellants assert that the trial court committed prejudicial error in dismissing the action.

The record discloses the following facts. The complaint was filed in the district court on November 22, 1960. Answer was made by defendant, and a third party complaint filed, on January 4, 1961. Thereafter...

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