Legal Opinion

McLellan v. Automobile Ins. Co.

Court of Appeals for the Ninth Circuit

Decided November 20, 1935No. 7475PublishedCited by 13 opinions

1Opinion of the Court

GARRECHT, Circuit Judge.

Error on the part of the court below in sustaining the demurrers to the appellant’s complaint is urged as the basis of the present appeal.

The appellant brought an action against the appellees, in the superior court of Maricopa county, Ariz., seeking to recover damages of $5,000 from each of them. The suit was based upon a contract of insurance, to the rights under which the appellant claims to have been subrogated.

The third amended complaint, upon which the issues were presented to the *345court below, alleges, in substance, that Harry Soza died intestate on or about…

2Cases cited42 opinions

  1. Snyder v. MassachusettsSupreme Court of the United States · 1934
  2. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  3. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  4. Walker v. SauvinetSupreme Court of the United States · 1876
  5. Old Colony Trust Co. v. City of OmahaSupreme Court of the United States · 1913

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3Cited by13 opinions

  1. Grant v. McAuliffeCalifornia Supreme Court · 1953
  2. Arizona Public Service Co. v. Southern Union Gas Co.Arizona Supreme Court · 1954
  3. Long v. MertzCourt of Appeals of Arizona · 1965
  4. Harrington v. FlandersCourt of Appeals of Arizona · 1965
  5. Meads v. DibbleeUtah Supreme Court · 1960

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