Thomas v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Santa Cruz. P. M. Doan, Judge. Remanded with directions to modify judgment, and, as so modified, Notice of appeal to the United States supreme court. The necessary facts are stated in the opinion. The complaint is fatally defective in that jurisdictional facts are not pleaded.
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APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Santa Cruz. P. M. Doan, Judge. Remanded with directions to modify judgment, and, as so modified, Notice of appeal to the United States supreme court. The necessary facts are stated in the opinion. The complaint is fatally defective in that jurisdictional facts are not pleaded. Paragraph 1282 of the Revised Statutes of Arizona of 1901 prescribed how a judgment or other determination of a court should be pleaded. In this respect it is the same as California, Montana, and other states. The…
1Opinion of the CourtKent, C. J.
This was an action brought by the territory against one L. F. Swain and certain other defendants who are appellants in this court. "The complaint alleged “that on the thirty-first day of January, 1904, the defendant L. F. Swain having been committed by S. Ashley, justice of the peace of precinct No. 1, Santa Cruz County, Arizona, to await the action of the grand jury of said county and territory, upon two charges of felony, — to wit, embezzlement, — and being then under arrest and confined in the county jail at Nogales, Santa Cruz County, Arizona, in the custody of Thomas J. Turner, sheriff…
2Cases cited1 opinion
- Boynton v. StateSupreme Court of Alabama · 1884
3Cited by3 opinions
- People v. AlmashyMichigan Supreme Court · 1924
- Elrage v. County of GreenleeArizona Supreme Court · 1914
- Smith-Harris v. HarrisCourt of Appeals of Arizona · 2020