Meloy v. Saint Paul Mercury Indemnity Co.

UDALL, Chief Justice.

There are two sound reasons, neither of them suggested by the appellee, why this court upon its own motion should dismiss this appeal.

The first ground is a jurisdictional one. It is fundamental that the right of appeal exists only by force of the statutes, and where no appeal is afforded, the Supreme Court has no jurisdiction to pass upon the merits of a controversy. State v. Phelps, 67 Ariz. 215, 193 P.2d 921; Duncan v. Superior Court of Pinal County, 65 Ariz. 193, 177 P.2d 374.

In the instant case the notice of appeal is from an order of the superior court granting a…