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McCLENITHAN v. LOVATO

No. 8412.

432 P.2d 836 (1967)

78 N.M. 480

Kathleen McCLENITHAN, by her mother and Next friend, Josephine McClenithan, Plaintiff-Appellant, v. Juanita LOVATO, Defendant-Appellee.

Supreme Court of New Mexico.

October 23, 1967.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, Albuquerque, for appellant.

Civerolo, Cushing & Hansen, Albuquerque, for appellee.

OPINION

COMPTON, Justice.

The question on appeal is whether the court erred in dismissing the plaintiff's complaint under the provisions of § 21-1-1 (41) (e) (1), N.M.S.A. 1953. The pertinent provisions of the statute are:

"(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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