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BACA v. BURKS

No. 8954.

467 P.2d 392 (1970)

J. Nepomuceno BACA, Petitioner, v. Honorable Garnett R. BURKS, Judge of the Seventh Judicial District of the State of New Mexico, Respondent.

Supreme Court of New Mexico.

March 31, 1970.

Attorney(s) appearing for the Case

Rozier E. Sanchez, Albuquerque, for petitioner.

Charles H. Fowler, Socorro, for respondent.

OPINION

WATSON, Justice.

By this opinion we review our action in issuing an alternative writ of prohibition on the petition of J. Nepomuceno Baca because of respondent's denial of his motion to dismiss made pursuant to Rule 41(e), § 21-1-1(41) (e), N.M.S.A., 1953 Comp. The petition for the writ alleged that a complaint had been filed against Baca on February 26, 1965 in respondent's court in which the plaintiff claimed to be the owner of certain lands...

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