Vargas v. Superior Court

This original proceeding in mandamus grows out of the court’s decision in Cause No. 4482, Vargas v. Greer and the American Surety Company, ante, p. 110, 131 Pac. 2d) 818, holding that the plaintiff’s complaint states a cause of action and reversing and remanding the cause “for further proceedings.”

After the case was remanded to the Superior Court of Apache County in accordance with the directions of the court’s opinion, Greer and the American Surety Company, the defendants, filed a motion to dismiss the cause “for the reason and upon the ground that the above entitled court sitting as a court…