Corbett v. Kingan
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Pima. W. F. Cooper, Judge. STATEMENT OF PACTS BY THE COURT. This is an action for specific performance. The appellant, who was plaintiff below, brings it as trustee of the contract beneficiaries against the appellee, who is the trustee of the estate by will.
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APPEAL from a judgment of the Superior Court of the County of Pima. W. F. Cooper, Judge. STATEMENT OF PACTS BY THE COURT. This is an action for specific performance. The appellant, who was plaintiff below, brings it as trustee of the contract beneficiaries against the appellee, who is the trustee of the estate by will. The facts set forth in the complaint briefly are these: In 1892 Julia A. Knapp, 58 years of age and unmarried, residing in New Jersey, entered into a verbal agreement with Farrand 0. Benedict, her nephew, 20 years of age, and who had lived with her from early childhood, whereby…
1Opinion of the CourtBoss, C. J.
The foregoing statement discloses that this is an action in equity, and that, as is usual in such actions, many issues and questions of fact are necessarily involved. The legislature, whether wisely or unwisely, it is not for us to say, in the revision of our laws affecting verdicts of juries, inserted a new statute applicable to “actions where equitable relief is sought” which materially changes the procedure in the trial of that kind of an action. It appears in the Civil Code as paragraph 542, and reads as follows:
“In all actions where equitable relief is sought the court .shall, if a jury…
2Cited by6 opinions
- Corbett v. KinganArizona Supreme Court · 1917
- Smith v. MosbargerArizona Supreme Court · 1916
- Edwards v. Van VoorhisCourt of Appeals of Arizona · 1970
- Arizona State Bank v. Crystal Ice & Cold Storage Co.Arizona Supreme Court · 1924
- Ex Parte WarrenCourt of Criminal Appeals of Oklahoma · 1928
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