McClenithan ex rel. McClenithan v. Lovato

OPINION

COMPTON, Justice.

The question on appeal is whether the court erred in dismissing the plaintiff’s complaint under the provisions of § 21-1-1 (41) (e) (1), N.M.S.A.1953. The pertinent provisions of the statute are:

“(1) In any civil action or proceeding pending in any district court in this state, when it shall be made to appear to the court that the plaintiff therein * * * has failed to take any action to bring such action or proceeding to its final determination for a period of at least two [2] years after the filing of said action or proceeding * * * any party to such action or…