Legal Opinion · Dissent

Boehringer v. Yuma County

Arizona Supreme Court

Decided May 6, 1914No. Civil No. 1374Published

APPEAL from a judgment of the Superior Court of the County of Yuma. Frank Baxter, Judge. The facts are stated in the opinion.

1DissentCunningham, J.

I dissent from the order dismissing this appeal upon the grounds that this court has no jurisdiction because the amount claimed is less than $200. I am convinced this case comes squarely within the exception recognized in section 4 of article 6, Constitution, viz.-. “ . . . Unless the action involves the validity of a tax ... or statute. ’ ’ The particular grounds upon which I disagree are that this action involves the validity of chapter 93, Laws of 1912, as applied to this appellant's rights; the majority holding that the question involved in the action is one of construction, and not one…

2Cases cited15 opinions

  1. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  2. City of Rochester v. . WestNew York Court of Appeals · 1900
  3. Grannis v. Superior CourtCalifornia Supreme Court · 1905
  4. Chaplin v. Commissioners of HighwaysIllinois Supreme Court · 1888
  5. Baltimore & Potomac Railroad v. HopkinsSupreme Court of the United States · 1889

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