Legal Opinion

Briesmeister v. Medina

New Mexico Supreme Court

Decided July 28, 1966No. 7829PublishedCited by 15 opinions

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

  1. Martin v. Leonard Motor-El PasoNew Mexico Supreme Court · 1965
  2. City of Roswell v. HolmesNew Mexico Supreme Court · 1939
  3. Featherstone v. HansonNew Mexico Supreme Court · 1959
  4. Vigil v. JohnsonNew Mexico Supreme Court · 1955
  5. Morris Ex Rel. Morris v. FitzgeraldNew Mexico Supreme Court · 1963

8 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State Ex Rel. Reynolds v. Molybdenum Corp. of AmericaNew Mexico Supreme Court · 1972
  2. Power Constructors, Inc. v. Acres AmericanAlaska Supreme Court · 1991
  3. Reger Ex Rel. Reger v. PrestonNew Mexico Supreme Court · 1966
  4. Dunham-Bush, Inc. v. PalkovicNew Mexico Supreme Court · 1973
  5. Dollison v. Fireman's Fund Insurance CompanyNew Mexico Supreme Court · 1966

10 more not listed; retrieve them via the Exa API.

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