Jones v. Pringle

OPINION

COMPTON, Justice.

This appeal is from an order of the district court dismissing the plaintiff’s cause of action under § 21-1-1(41) (e) (1), N.M.S.A.1953.

The pertinent provisions of the statute provide:

“(1) In any civil action or proceeding pending in any district court in this state, when it shall be made to appear to the court that the plaintiff therein * * * has failed to take any action to bring such action or proceeding to its final determination for a period of at least two [2] years after the filing of said action or proceeding * * * any party to such action or proceeding may have…