Martinez v. Cook

McGHEE, Justice.

On the former appeal of this case, 1952, 56 N.M. 343, 244 P.2d 134, we affirmed tfee action of the trial court in dismissing the second amended complaint for failure to state a cause of action in certain particulars there stated. The defendants did not secure a judgment dismissing the cause of action following the announcement by the plaintiffs they would stand on their second amended complaint. Absent a judgment, the appeal was necessarily taken under Supreme Court Rule 5, sec. 2, which provides appeals may be taken in all civil actions fronj such interlocutory judgments,…