Pfleiderer v. City of Albuquerque

The majority opinion is to my mind a repetition of the type of error into which this court fell in Hayes v. Hagemeier, 75 N.M. 70, 400 P.2d 945, in which I felt called upon to dissent.

As in that case, the majority here undertake to support the conclusion reached by avoiding the true issue presented by taking refuge behind a rule of procedure. I cannot agree to such a technical approach. .Not only was 'appellant right in its legal position but, as I see it, the 'rule denying review embraced by the majority is not correctly applied, ., ;

In appellee’s third cause of action damages were sought…