Foster v. Schwartzman

CHAVEZ, Justice.

This is an appeal from a dismissal of plaintiffs’ cause of action, with prejudice, by the trial court. The dismissal was granted on motion by defendants in accordance with Rule 41(e) (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp.).

Plaintiffs filed their complaint on October 10, 1961. Defendants’ answer and cross-claim was filed on November 13, 1961. After the complaint was filed, and prior to plaintiffs’ motion to set the case for trial was filed on October 3, 1963, the record discloses various motions to take depositions, interrogatories and objections thereto, motion to strike, a…