Pettine v. Rogers

McGHEE, Justice.

■ On May 29, 1954, the appellee filed suit against the appellant on a promissory note for construction work. On August 4, 1954, the appellant answered and counterclaimed for damages for faulty construction. On June 14, 1955, a partial judgment was rendered resolving the issues in the complaint but reserving the counterclaim for a trial on the merits. On September 19, 1956, the appellee moved for dismissal of the counterclaim with prejudice under 21-1-1(41) (e) NMSA 1953 Comp, for failure to bring the action to a final determination within two years. The motion was set for…