Legal Opinion

Van Dyke v. Cordova Copper Co.

Arizona Supreme Court

Decided April 28, 1913No. Civil No. 1279PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of the County of Gila. A. G. McAlister, Judge. STATEMENT OF FACTS BY THE COURT. The appellee, as plaintiff, commenced this action to recover judgment for a balance alleged to be due from the appellant, as defendant, upon three loans made to defendant, alleged to be due and unpaid, with interest.

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APPEAL from a judgment of the Superior Court of the County of Gila. A. G. McAlister, Judge. STATEMENT OF FACTS BY THE COURT. The appellee, as plaintiff, commenced this action to recover judgment for a balance alleged to be due from the appellant, as defendant, upon three loans made to defendant, alleged to be due and unpaid, with interest. The defendant resisted, denying the indebtedness is due, and as a defense he sets forth a contract by which the money claimed is alleged- to have been paid to him, and by which the same shall be repaid, if at all, and alleges that the money, under the…

1Opinion of the CourtCunningham, J.

The appeal in this cause is from the judgment alone, and we have no jurisdiction to review upon this appeal orders made subsequent to the judgment. Miami Copper Co. v. Strohl, ante, p. 410, 130 Pac. 605, recently decided by this court; Arizona E. R. R. Co. v. Globe Hardware Co., ante, p. 397, 129 Pac. 1104, decided by this court February 17, 1913.

Appellant assigns as error the order of the court striking out the motion for a new trial, and the appellee has moved *501to dismiss the supposed appeal from such order. The motion for a new trial was made in time. Pars. 1478 and 1496, Rev. Stats. Ariz.…

2Cases cited13 opinions

  1. Lang v. Superior CourtCalifornia Supreme Court · 1886
  2. Voll v. HollisCalifornia Supreme Court · 1882
  3. Miami Copper Co. v. StrohlArizona Supreme Court · 1913
  4. Galbraith v. LoweCalifornia Supreme Court · 1904
  5. Arizona Eastern Railroad v. Globe Hardware Co.Arizona Supreme Court · 1913

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3Cited by6 opinions

  1. Hays v. RichardsonArizona Supreme Court · 1964
  2. E. A. Tovrea & Co. v. YutichArizona Supreme Court · 1922
  3. Steinfeld v. NielsenArizona Supreme Court · 1913
  4. Steinfeld v. NielsenArizona Supreme Court · 1913
  5. Zugsmith v. MullinsArizona Supreme Court · 1956

1 more not listed; retrieve them via the Exa API.

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