Sitta v. Zinn

OPINION

MOISE, Justice.

Petitioners were defendants in a proceeding filed in the district court less than two years before the effective date of Ch. 132, N.M.S.L.196S. After the passage of two, but less than three years from the date of filing, the case not having been finally determined, motion to dismiss under Rule 41(e) was filed. After hearing, the motion was overruled because the court considered Ch. 132, N.M.S.L.196S, to be applicable. A writ of prohibition and mandamus was sought in this court and an alternative writ issued. No question is presented concerning our jurisdiction or power…