Eldred v. Warner

Dunne, C. J.,

delivered the following dissenting opinion:

I am unable to concur with my learned associates in the disposition made of this ease. The record is as follows: “On the fourteenth of May, 1874, the following bill in equity was filed in the district court of the first judicial district :

“ Territory of Arizona, county of Pima. In district court, first judicial district. Bufus E. Eldred, plaintiff, v. Solomon Warner, administrator of the estate of George M. Newsome, deceased, defendant.

“Now by attorney comes the above-named plaintiff, and complaining of the defendant herein, for cause of…