Sender v. Montoya

CARMODY, Justice.

Petitioner, by an original action in mandamus, seeks to compel respondent to dismiss a case under rule 41(e) (§ 21-1-1 (41) (e), N.M.S.A.1953).

The issues are narrowly confined to whether respondent erroneously refused to dismiss a proceeding for failure of the plaintiff to take any action to bring a case to its final determination more than two years after the filing. thereof, and whether mandamus is appropriate if the trial court’s refusal to dismiss was improper.

The case in the district court was a replevin action by the State Records Administrator to obtain possession of…