Reger Ex Rel. Reger v. Preston

OPINION

MOISE, Justice.

This is an appeal from an order dismissing plaintiff’s amended complaint pursuant to Rule 41(e), New Mexico Rules of Civil Procedure (§ 21-1-1(41) (e), N.M.S.A. 1953).

In the order of dismissal the court made the following findings:

“1. Plaintiff’s complaint against Charles Marlowe Preston was filed on May 31, 1961, and summons was issued on said date.

2. Defendants’ answer was filed June 28, 1961.

3. Plaintiff'filed a jury demand on July 5, 1961.

4. On July 5, 1961, certain interrogatories addressed to the defendant by plaintiff were filed.

5. On November 3, 1961, defendant…