Legal Opinion
Martin v. Leonard Motor-El Paso
New Mexico Supreme Court
Decided June 1, 1965No. 7600PublishedCited by 37 opinions
1Opinion of the Court
NOBLE, Justice.
The plaintiff has appealed from a judgment dismissing his complaint pursuant to Rule 41(e) (§ 21-1-1(41) (e), N.M.S.A. 1953).
The complaint, filed June 7, 1961, was dismissed by the court on August 21, 1963, without prejudice for lack of prosecution, but was reinstated on the docket November 5, 1963, by order of court. The defendant 'now argues for the first time on appeal that the district court lost jurisdiction of the case thirty days after its • order of dismissal on August 21, 1963; that it was without jurisdiction to reinstate the case; that all proceedings thereafter,…
2Cases cited7 opinions
- Judie W. McDowell v. Anthony J. Celebrezze, Secretary of the United States Department of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1962
- City of Roswell v. HolmesNew Mexico Supreme Court · 1939
- Fairchild v. United Service CorporationNew Mexico Supreme Court · 1948
- Featherstone v. HansonNew Mexico Supreme Court · 1959
- Kerr v. Southwest Flourite Co.New Mexico Supreme Court · 1930
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- State v. VigilNew Mexico Court of Appeals · 1973
- Lake Meredith Reservoir Co. v. Amity Mutual Irrigation Co.Supreme Court of Colorado · 1985
- State Ex Rel. Reynolds v. Molybdenum Corp. of AmericaNew Mexico Supreme Court · 1972
- Smith v. WalcottNew Mexico Supreme Court · 1973
- Birdo v. RodriguezNew Mexico Supreme Court · 1972
32 more not listed; retrieve them via the Exa API.