Trujillo v. Harris

CHAVEZ, Justice.

This is an appeal from"añ ordár of the district court dismissing plaititiH-appeF lant’s complaint under § 21-1-1(41) (e), N.M.S.A., 1953 Comp.

The record discloses the following facts. The complaint was filed .on May 4, 1960. On July 15, 1960, defendant filed a motion to dismiss on the ground that the differences, if any, between the parties had been settled. On October 10 and November 9, 1960, defendant filed notices to take plaintiff’s deposition. Defendant’s motion to dismiss was denied on November 9, 1960, and defendant filed his answer on November 14, 1960. On November 14,…