Cunningham ex rel. Marks v. Costello
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Cochise. Alfred C. Lockwood, Judge. The purpose of the action, the material issues joined in the pleadings, and the material facts appear in a statement in 16 Ariz. 447, 449, 147 Pac. 701, where the report of the decision of this court on a former cross-appeal of this ease may be found. A restatement of the case is not deemed necessary with a reference to the former appeal decision.
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APPEAL from a judgment of the Superior Court of the county of Cochise. Alfred C. Lockwood, Judge. The purpose of the action, the material issues joined in the pleadings, and the material facts appear in a statement in 16 Ariz. 447, 449, 147 Pac. 701, where the report of the decision of this court on a former cross-appeal of this ease may be found. A restatement of the case is not deemed necessary with a reference to the former appeal decision. The following opinion sufficiently sets forth the amendments introduced and the material changes in facts occurring in the last trial.
1Opinion of the CourtCunningham, J.
Por conyenience and brevity I shall refer to the parties as plaintiffs, meaning the original plaintiffs, and defendant, meaning the original defendant, as we did in the former appeal.
The defendant, Mary M. Costello, executrix of the last will of Martin Costello, deceased, in her former appeal, complained of certain errors in the judgment and of error in the order refusing a new trial. The plaintiffs, Mary Aileen Cunningham and Patricia Julia Cunningham, minors, by their guardian, on their former appeal complained of error in the judgment only. We expressed a separate opinion- upon each of…
2Cases cited1 opinion
- Cunningham v. CostelloArizona Supreme Court · 1915
3Cited by7 opinions
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- Durazo v. AyersArizona Supreme Court · 1920
- State v. RobinsonCourt of Appeals of Arizona · 1967
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- Inter-State Fidelity Building & Loan Ass'n v. HollisArizona Supreme Court · 1933
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