Gallatin v. State Ex Rel. Herman

KRUCKER, Chief Judge.

On March 4, 1965, the State of Arizona filed a condemnation action in the Superior Court of Cochise County, Arizona, in which the appellants, Mr. and Mrs. Gallatin, were named as defendants. On the same day, an order to show cause for immediate possession was also issued setting the 15th day of March, 1965, as the hearing date.

On March 15, 1965, the court issued an order for immediate possession without notice to the Gallatins since the summons and complaint and order to show cause had not been served.

The appellants’ brief indicates the following occurred:

On April 6,…