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Legal Opinion · Dissent

Zugsmith v. Mullins

Arizona Supreme Court

Decided October 30, 1956No. 6017Published

1DissentPhelps, Justice

I regret that I am unable to agree with the majority members of this court on their interpretation of our Rule 59(e) of the Rules of Civil Procedure.

Arizona, so far as I have been unable to discover from considerable research, is the only state in the union which has our Rule 59(e). Wisconsin, Texas, Oregon, Montana and California are apparently the only states that have anything similar.

The Legislature of Arizona adopted from Texas, sections 836-837 of the Revised Statutes of Arizona 1887, relating to motions for new trial. These sections have been materially amended since then and section…

2Cases cited11 opinions

  1. Ex parte DoakSupreme Court of Alabama · 1914
  2. Wabash Railroad v. FlanniganSupreme Court of the United States · 1904
  3. James v. AppelSupreme Court of the United States · 1904
  4. Mosher v. WaylandArizona Supreme Court · 1945
  5. Bryan v. Inspiration Consolidated Copper Co.Arizona Supreme Court · 1925

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