[Download] "Gilman v. Bates" by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Gilman v. Bates
- Author : New Mexico Supreme Court
- Release Date : January 24, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
The complaint was filed on November 13, 1958. A motion to amend the complaint is the next instrument to appear on the docket on June 15, 1960. Then an order allowing amendment to complaint, June 16, 1960. Amended complaint filed June 24, 1960. Then on October 26, 1960, the defendant and appellee herein, Bates, filed a motion to dismiss the complaint based on lack of jurisdiction, faulty process, and failure to state a claim for relief. This motion was not heard by the district court. On November 22, 1960, more than two years from the filing of the original complaint, the defendant Bates filed a motion to dismiss the action with prejudice under 21-1-1(41) (e). Plaintiffs filed a traverse to this motion on November 28, 1960. On December 7, 1960, an entry appears showing service of process on defendant Bates in the state of Oklahoma on September 28, 1960. On February 15, 1961, an order was entered dismissing the complaint with prejudice under Rule 41 (e). This appeal then followed.