Briesmeister v. Medina
New Mexico Supreme Court
1Opinion of the Court
OPINION
NOBLE, Justice.
A complaint filed September 25, 1961, after various pleadings, discovery proceedings, and a request for jury trial was dismissed under Rule 41 (e) (§21-1-1 (41) (e), N.M.S.A.1953), pursuant to a motion filed January 10, 1964. This appeal followed.
Plaintiff’s attorney testified to his diligence in attempting to have the case set for trial prior to expiration of the two-year period, and introduced in evidence at the hearing on the 41(e) motion a timely letter addressed to the district judge requesting a setting for jury trial. Counsel likewise testified that during a…
2Cases cited13 opinions
- Martin v. Leonard Motor-El PasoNew Mexico Supreme Court · 1965
- City of Roswell v. HolmesNew Mexico Supreme Court · 1939
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- Morris Ex Rel. Morris v. FitzgeraldNew Mexico Supreme Court · 1963
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