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JONES v. NEW MEXICO STATE HIGHWAY DEPARTMENT

No. 12235.

593 P.2d 1074 (1979)

92 N.M. 671

David E. JONES, Plaintiff-Appellee, v. NEW MEXICO STATE HIGHWAY DEPARTMENT, New Mexico State Highway Commission, Julian Garcia, Kenneth L. Towle, Albert N. Sanchez, Robert C. Martin and James W. Chaney, Defendants-Appellants.

Supreme Court of New Mexico.

April 30, 1979.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., V. Henry Rothschild, Deputy Chief Counsel, Asst. Atty. Gen., Santa Fe, for defendants-appellants.

Michael L. Gregory, Las Vegas, for plaintiff-appellee.

OPINION

PAYNE, Justice.

David E. Jones brought a breach of contract action against the New Mexico State Highway Department and State Highway Commissioners. The complaint was filed in the District Court in San Miguel County. The State moved for dismissal asserting improper venue and insufficient service of process. The District Court in San Miguel County transferred the cause to the District Court in Santa Fe County. The State appealed.

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