Schall Ex Rel. Estate of Guynn v. Burks

CHAVEZ, Justice.

Petitioner Thomas G. Schall, administrator of the estate of Charlie M. Guynn, deceased, by original action in mandamus, seeks the dismissal of a damage action pursuant to Rule 41(e) (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp.). The trial court, respondent herein, by order denied the administrator’s motion -to dismiss the cause. Petitioner then filed his petition for an alternative writ of mandamus which was granted by this court.

The record shows the following:

i. Complaint filed August 3, 1960; summons issued same day; process served on defendant August 5, 1960.

2. August 31, 1960,…