Legal Opinion
Kalosha v. Novick
New Mexico Supreme Court
Decided April 17, 1967No. 8195PublishedCited by 5 opinions
1Opinion of the Court
OPINION
OMAN, Judge, Court of Appeals.
The plaintiffs have appealed from an order of the district court dismissing their complaint with prejudice, pursuant to Rule 37(d) of the Rules of Civil Procedure for the district courts of New Mexico, which appears as § 21-1-1(37) (d), N.M.S.A. 1953, and which is identical with Rule 37 (d) of the Federal Rules of Civil Procedure.
The portion of this section of our rules, which is material to a disposition of this appeal, is as follows:
“If a party * * * wilfully fails to appear before the officer who is to take his deposition, after being served with a…
2Cases cited8 opinions
- Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
- United States of America for the Use of Weston & Brooker Company, a Corporation v. Continental Casualty CompanyCourt of Appeals for the Fourth Circuit · 1962
- E. H. Patterson v. C.I.T. CorporationCourt of Appeals for the Tenth Circuit · 1965
- Salitan v. CarrilloNew Mexico Supreme Court · 1961
- Wieneke v. ChalmersNew Mexico Supreme Court · 1963
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3Cited by5 opinions
- United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1980
- DeVaney v. Thriftway Marketing Corp.New Mexico Supreme Court · 1997
- Kalosha v. NovickNew Mexico Supreme Court · 1973
- Rio Grande Gas Company v. GilbertNew Mexico Supreme Court · 1971
- Sandoval v. United Nuclear Corp.New Mexico Court of Appeals · 1986