Sarikey Ex Rel. Stewart v. Sandoval

MOISE, Justice.

This is an appeal taken from an order of the district court dismissing plaintiff’s complaint with prejudice under § 21-1-1(41) (e) N.M.S.A.1953. Appellants assert that the trial court committed prejudicial error-in dismissing the action.

The record discloses the following facts. The complaint was filed in the district court on November 22, 1960. Answer was made by.defendant, and a third party complaint filed, on January 4, 1961. Thereafter, on February 23, 1961, a motion to quash service of process was filed on behalf of the third party defendant by the same attorneys who…