Legal Opinion · Concurrence

Hankins v. Helms

Arizona Supreme Court

Decided March 20, 1909No. Civil No. 1047Published

APPEAL from a judgment of the District Court of the Second Judicial District, in and for the County of Cochise. Fletcher M. Doan, Judge.

1Concurrence

NAYE, J.,

concurring. — I do not concur in the opinion of Mr. Justice SLOAN, for the reason that it appears to me that the sufficiency of the evidence to sustain the judgment may be raised under our statutes by a general assignment in the motion for a new trial, and was so raised here. Nevertheless the judgment should be affirmed, irrespective of our view upon the question whether, in an adverse suit, the United States is to be regarded as having such interest that the question of alienage may be raised by or against either party.

Paragraph 1359 of the Civil Code of 1901 reads as follows:

“In…

2Cases cited4 opinions

  1. Reavis v. CowellCalifornia Supreme Court · 1880
  2. Costello v. MuheimArizona Supreme Court · 1906
  3. McLean v. TerritoryArizona Supreme Court · 1903
  4. W. H. Taggart Mercantile Co. v. ClackArizona Supreme Court · 1903

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