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JONES v. PRINGLE

No. 8367.

432 P.2d 823 (1967)

78 N.M. 467

Leonard C. JONES, Plaintiff-Appellant, v. Adolph W. PRINGLE, Defendant-Appellee.

Supreme Court of New Mexico.

October 23, 1967.

Attorney(s) appearing for the Case

Leonard C. Jones, pro se.

Montgomery, Federici & Andrews, Seth D. Montgomery, Santa Fe, for appellee.

OPINION

COMPTON, Justice.

This appeal is from an order of the district court dismissing the plaintiff's cause of action under § 21-1-1(41) (e) (1), N.M.S.A. 1953.

The pertinent provisions of the statute provide:

"(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 * * * has failed to take any action to bring such action or proceeding...

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