Benally v. Pigman

OPINION

CARMODY, Justice.

The trial court, by separate orders as to each of the two defendants, dismissed plaintiffs’ complaint with prejudice and this appeal followed.

The complaint consisted of some five causes of action arising out of a motor-vehicle accident, the defendant, Henry Rudder, Jr., having been the owner of a truck involved and defendant Joe Pigman, the driver.

The following dates are material:

Aug. 9, 1956 — Occurrence of the accident;

Nov. 3, 1958 — Complaint in Cause No. 7088;

June 30, 1959 — Effective date of “long-arm” statute, § 21-3-16, N.M.S.A. 1953;

Feb. 15,1961 — Order…